Planning Community Toolbox: Planner's Library

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Planner's Library

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Guidance memoranda on the Planning Community Toolbox include signed guidance from the Administration, including the Assistant Secretary of the Army (Civil Works), and USACE civilian and military leadership (Chief of Engineers; Deputy Commanding General; Director of Civil Works; Chief of Planning & Policy, etc.) that is applicable to the Civil Works water resources planning process. Due to the interdisciplinary nature of Planning, other guidance memoranda may be applicable and can be found on the following resource sites:

Implementation Guidance for Water Resource Development Acts since 1999 are available on the HQUSACE Legislative Links website

A collection of the Director of Civil Works' Director's Policy Memoranda is available on Sharepoint

Regulatory Guidance Letters are available on the HQUSACE Regulatory Program website.

Guidance Memos

1986

Proposed Contracts for Municipal and Industrial Water Withdrawals from Main Stem Missouri Reservoirs
This memorandum for the Assistant Secretary of the Army (Civil Works) from the Department of the Army General Counsel provides Office of Counsel's requested views on the adequacy of two water withdrawal contracts on two main stem Missouri River Reservoirs with respect to the provisions of Section 6 of the Flood Control Act of 1944.
1989
Organization and Functions: Ohio River Division Navigation Planning Center
This regulation provides for a Navigation Planning Center in the Huntington District office to assist the Great Lakes & Ohio River Division (previously the Ohio River Division) in preauthorization, post-authorization, operational navigation planning studies, and associated research and development and defines the policies, responsibilities, and functions of the Center and the division office.
2001
Initial Implementation Guidance for Section 208 of the Water Resources Development Act of 2000 - Reburial and Conveyance Authority for Native American Remains
This memorandum provides initial implementation guidance for Section 208 of the Water Resources Development Act of 2000 (WRDA 2000), Public Law 106-541. Section 208 of WRDA 2000 authorizes the Secretary of the Army to recover and rebury "Native American remains" that were discovered on Civil Works project land, and to set aside Civil work land to rebury these "Native American remains" and convey these set aside lands to an Indian tribe for use as a cemetery. This guidance provides definitions for "civil works projects of the Department of the Army," "project land," "Native American remains," and "rightfully claimed."
2002
Memo: Planning Excellence Program Requirement
This is a description of initiatives that make up the Planning Excellence Program.
2003
Memorandum: Planning Centers of Expertise, 25 August 2003
This memorandum provides information about the designation of five key business functions for the Planning Centers of Expertise.
Office of Management and Budget Circular A-4: Regulatory Analysis
This Circular provides OMB's guidance to Federal agencies on the development of regulatory analysis. The Circular also provides guidance to agencies on the regulatory accounting statements that are required under the Regulatory Right-to-Know Act.
Supplemental Implementation Guidance for Section 208 of the Water Resources Development Act of 2000 - Reburial and Conveyance Authority for Native American Remains
This memorandum augments the Initial Implementation Guidance for Section 208 of the Water Resources Development Act of 2000 (WRDA 2000), Public Law 106-541. Section 208 of WRDA 2000 authorizes the Secretary of the Army to recover and rebury "Native American remains" that were discovered on Civil Works project land, and to set aside Civil work land for the reburying. To assure implementation of that congressional intent, definitions for the terms "recover" and "discovered" are clarified in this memorandum.
2005
Memo: Reconstruction of U.S. Army Corps of Engineers Structural Flood Damage Reduction Projects for which Non-Federal Interests are Responsible for Operation, Maintenance, Repair, Rehabilitation and Replacement
This memorandum provides policy guidance on reconstruction of Corps structural flood damage reduction projects for which non-federal interests are responsible for operation, maintenance, repair, rehabilitation and replacement (OMRR&R).
2006
Assuring the Adequacy of Environmental Documentation for Construction and Maintenance of Dredging of Federal Navigation Projects
This memorandum provides guidance to assure that environmental compliance activities and documentation associated with USACE new Federal navigation project dredging or maintenance adequately considers overdepth dredging. This guidance also has considerations relative to environmental documentation for permitting associated with non-federal dredging. This guidance is meant to supplement ER 1130-2-520.
Memo: Planning Excellence Program and Maintaining Planning Capability
This memorandum aims to stress the importance of maintaining Civil Works Planning capabilities and to reaffirm support of the Planning Excellence Program.
Memo: Policy and Procedural Guidance for the Approval of Modification and Alteration of Corps of Engineer Reports
This document provides guidance for the modification of Corps' projects.
Memo: Proposal for Comprehensive Analysis of Multi-Jurisdictional Use and Management of Water Resources on a Regional Scale - Delaware River Basin, New York, Pennsylvania, New Jersey and Delaware
This memorandum to the commander of the North Atlantic Division is a proposal for a comprehensive analysis of multi-jurisdictional use and management of water resources on a regional scale in the Delaware River Basin affecting New York, Pennsylvania, New Jersey and Delaware.
Memo: Cost Sharing for Lands Associated with Fish and Wildlife Mitigations (September 19, 2006)
This memorandum provides guidance on the policy applicable to cost-sharing of lands, easements, rights of way, and relocations (LERRs) associated with fish and wildlife mitigation for water resources development projects, including continuing authorities program projects. The guidance will be applied prospectively to ongoing and future pre-authorization and pre-Project Cooperation Agreement (PCA) planning activities.
Memo: Support to Planning Centers of Expertise
This memorandum from the Director of Civil Works emphasizes the need for MSC and District support to the Planning Centers of Expertise.
2007
Memo: Revision of ER 5-1-11, U.S. Army Corps of Engineers (USACE) Business Process
This revision of ER 5-1-11 clearly defines the concept of "project," as well as the work that we undertake that is NOT a project. It also dictates the process for managing non-project work as well as our corporate data. The new ER requires consistent, timely and accurate use of corporate AIS. All USACE programs, to include project and non-project work, will be captured in P2, however the level of detail will be dependent upon the specific program and category of work.
Memo: Improve Accuracy of Total Project Costs
Initiatives to improve accuracy of total project costs in Civil Works feasibility studies requiring Congressional authorization
Memo: Application of Cost Risk Analysis Methods to Develop Contingencies for Civil Works Total Project Costs
In accordance with the Corps Actions for Change (ref.la), to more accurately identify and mitigate cost and schedule risk to our customers and Congress, this memorandum directs the use of specific cost risk analysis methods for the development of contingency on Civil Works Total Project Cost. This is applicable for all decision documents requiring Congressional authorization for projects exceeding $40 million.
2008
Memorandum: Planning Centers of Expertise -Mission, Roles and Responsibilities Statement and Small Boat Harbor Designation, 23 June 2008
This memorandum provides guidance on the missions, roles, and responsibilities of the Planning Centers of Expertise. This memorandum also designates the Small Boat Harbor Sub-Center of Expertise.
Memo: Clarification Guidance on the Policy and Procedural Guidance for the Approval of Modifications and Alterations of Corps of Engineers Projects
The purpose of this memorandum is to provide additional clarification and to supplement reference 1 a, which remains in effect. This memorandum addresses approval levels for various types of alterations/modifications under 33 U.S.C. 408; the application of risk analysis to the required engineering studies, review requirements, report processing requirements, and appropriate funding mechanisms and focuses primarily on flood risk management projects.
Memo: Policy Guidance on Certification of Ecosystem Output Models
This memorandum establishes additional policy and procedures regarding the certification requirements for ecosystem output models used in all planning activities.
2009
Endorsement of CECC-NWD Memorandum Regarding Costs Associated With Repatriation and Reburial
This memorandum from Director of Civil Works Steve Stockton endorses the attached Northwestern Division memorandum providing an overview of agency requirements and responsibilities in the repatriation and reburial of Native American human remains, cultural items and other objects that are subject to the provisions of the Native American Graves Protection and Repatriation Act (NAGPRA) and Section 208 of the Water Resources and Development Act of 2020. The attached memorandum also provides guidance for Districts within the Northwestern Division guidance on allowable costs associated with the repatriation and reburial of Native American human remains and other cultural items.
Implementation Guidance for Section 2036(a) of the Water Resources Development Act of 2007 (WRDA 07) - Mitigation for Fish and Wildlife and Wetlands Losses
This memorandum provides implementation guidance for Civil Works compensatory mitigation as described in Section 2036(a) of WRDA 2007, which amends Section 906(d) of WRDA 1986. Section 2036(a) ensures that any report, submitted to Congress for authorization, shall not select a project alternative unless it contains a specific recommendation with a specific plan to mitigate fish and wildlife losses, or the Secretary determines that the project will have negligible adverse impacts; ensures that other habitat types are mitigated to not less than in-kind condition, to the extent possible; and requires that mitigation plans comply with the mitigation standards and policies of the regulatory programs administered by the Secretary and require specific mitigation plan components.
2010
Paperwork Reduction Act - Generic Clearances
This memorandum outlines the availability and uses of "generic" Information Collection Requests (ICRs). Clearances of generic ICRs provide a significantly streamlined process by which agencies may obtain the Office of Management and Budget's approval for information collections-usually voluntary, low-burden, and uncontroversial collections. Generic ICRs are a useful way for agencies to meet the obligations of the Paperwork Reduction Act of 1995 (PRA) while eliminating unnecessary burdens and delays.
Memo: Delegation of Authority to District Commanders to Approve Pursuant to 22 U.S.C. 408 Those Minor, Low Impact Modifications to Flood Protection Works Operated and Maintained by Non-Federal Sponsors Previously Being Considered under 33 CFR 208.10(a)(5)
The purpose of this memorandum is to establish that, from this date forward, 33 U.S.C. 408 (Section 408) will be the sole authority utilized for approvals to modify Corps projects and to delegate authority to District Commanders to approve pursuant to Section 408 those minor, low impact modifications to flood protection works operated and maintained by non-federal sponsors that previously were being considered under 33 CFR 20S.10(a)(5).
2011
Final Guidance on Implementing the Plain Writing Act of 2010
This memorandum rescinds and replaces Office of Management and Budget (OMB) Memorandum M-11-05, "Preliminary Guidance for the Plain Writing Act of 2010," issued on November 22, 2010. This final guidance does not make significant substantive changes from the preliminary guidance, but it does provide further clarification of key issues. Actions that agencies have taken under the preliminary guidance will provide the foundation for the agencies' implementation of this final guidance and of the Act's requirements.
Memo: Corps of Engineers Civil Works Cost Definitions and Applicability
This memorandum is intended to define and clarify cost terminology to be used in Chiefs Reports and other documents processed through the HQUSACE and/or Office of the Assistant Secretary of the Army for Civil Works (ASA(CW)). It DOES NOT implement new guidance pertaining to cost development.
Memo: Section 104 of WRDA 1986 Credit Eligibility Requests
Based upon recent policy direction from the Assistant Secretary of the Army (Civil Works), USACE will no longer accept applications for credit eligibility under Section 104 of WRDA 1986. Credit for In-Kind Contributions will be considered in accordance with Section 221 of the Flood Control Act of 1970, as amended by Section 2003 of WRDA 2007. Guidance for providing In-Kind Contributions in EC 1165-2-208, dated 6 June 2008, remains in effect and will be updated to reflect this new policy.
Memo: Planner Certification Program - National Pilot Program
The purpose of this memorandum is to begin implementation of the National Pilot Program for Planner Certification. The objective of the program is to advance the technical capability of each individual planner and the national planning team. This program is a framework for a more results-oriented and diversified workload with increasing levels of technical complexity, responsibility and leadership. The program lays out a path to become an "Expert Planner."
Memo: Planning Investigations Reclassification and Feasibility Reset Initiative
The purpose of this memorandum is to require all Major Subordinate Commanders (MSC) to conduct a proactive and aggressive review of all ongoing, protracted feasibility studies and to follow existing regulations related to Civil Works investigations reclassification. The goal of this initiative is to focus limited USACE resources upon studies with the highest probability of success.
Memo: U.S. Army Corps of Engineers Civil Works Planning Program
The purpose of this memorandum is to implement actions to improve our performance in meeting the purposes of the Civil Works Planning Program. It requires all Major Subordinate Commands (MSC) and District Commanders to be more engaged in Planning study execution and strengthening planner capabilities.
Implementation Guidance for Section 2008 of the Water Resources Development Act of 2007 - Revision of Project Partnership Agreement; Cost Sharing
This document presents guidance for Section 2008 of the Water Resources Development Act of 2007 concerning the Revision of Project Partnership Agreement; Cost Sharing
2012
Operation Order 2012-15: Designation of the National Deep Draft Navigation Planning Center of Expertise (DDNPCX) as a Mandatory Center for the Production of All Deep Draft Navigation Related Economic Analyses
Civil Works Response to the Engineer Inspector General "Inspection of USACE Civil Works Review Processes"
Direction and Action Plan for HQUSACE and MSCs to in response to the EIG Inspection of Civil Works Review Processes report and recommendations endorsed by the Chief.
Federal Emergency Management Agency (FEMA)/U.S. Army Corps of Engineers (USACE) Joint Actions on Planning for Flood risk Management Projects
This memorandum addresses the requirement to perform mitigation when proposed USACE flood-risk reduction projects increase the Base (1-percent-annual-chance) Flood Elevation (BFE). National Flood Insurance Program (NFIP) regulations (44 C.F.R. 65.12) require revisions to flood insurance rate maps to reflect BFE and/or floodway changes caused by encroachments permitted by an NFIP participating community.
Corps Section 902 Cost Limit Policy Clarification and Applicability Procedures - Notable Deficiency
This memorandum is intended to report the results of an informal investigation into deficiencies related to funding requests being in compliance with WRDA1986 Section 902 Maximum Cost Limits for all authorized projects seeking PED and/or Construction funds within the Civil Works Program as a Notable Deficiency under the management control checklist.
Inspection of Section 902 Cost Limit Requirements for Civil Works Projects
This memorandum directs the Engineer Inspector General to evaluate Section 903 Cost Limit Requirements for Civil Works projects withing USACE."
U.S. Army Corps of Engineers Section 902 Cost Limit Policy Clarification and Applicability
This memorandum provides clarification and applicability details to MSCs on Section 902 Cost Limit Policy.
Memorandum from LTG Bostick: Reissuance of the U.S. Army Corps of Engineers (Corps) Environmental Operating Principles
The seven Environmental Operating Principles (EOP) were introduced in 2002. These principles were designed to provide direction on how to better achieve stewardship of air, water, and land resources, and to demonstrate a positive relationship between management of these resources and the protection and improvement of a sustainable environment. Since 2002, the mark has moved based on new science, leading to the need for a Corps environmental vision that must better (1) incorporate measures to reduce actions and inactions that may contribute individually or cumulatively to the factors causing global change, and (2) prepare Corps-managed Military and Civil Works infrastructure for adapting to global changes. To that end, this memo revises and reissues the EOP in a substantially more concise form and with more emphasis on proactively implementing these principles.
U.S. Army Corps of Engineers Civil Works Planning Capability Training
On 13 March 2012, Major General Michael Walsh, Deputy Commanding General for Civil and Emergency Operations (DCG-CEO), directed the completion of certain Planning Core Curriculum PROSPECT courses for all current Civil Works planners and other feasibility study Project Delivery Team members.
Recent Modifications of Cost Sharing Agreement Models
This memorandum provides guidance on recent modifications to the Cost Sharing Agreement models.
HarborSym Widening Model Certification Memorandum
This memorandum provides guidance on the HarborSym Deepening and Associated Tools - Model Certification.
Methodology for Updating Benefit-to-Cost Ratios (BCR) for Budget Development
This memorandum provides guidance on the methodology for updating benefit-to-cost ratios (BCRs) in support of the budget development process and establishes responsibilities for ensuring accurate reporting of updated BCR's to the Office of Management and Budget (OMB).
USACE Section 902 Cost Limit Policy Clarification and Applicability
This memorandum defines and clarifies the proper procedure, roles, and responsibilities for ensuring that projects are budgeted, funded and constructed, as authorized and in accordance with Section 902 of the Water Resources Development Act (WRDA) of 1986, as amended.
Memo: U.S. Army Corps of Engineers Civil Works Feasibility Study Program Execution and Delivery
On 8 Feb 2012, Major General Michael Walsh, Deputy Commanding General for Civil and Emergency Operations (DCG-CEO), signed a significant memorandum affecting execution of the USACE CW Feasibility Study Program. The memo sets forth requirements for reclassification and reset of ongoing feasibility studies and conduct of feasibility studies that have not reached the feasibility scoping meeting milestone by 31 December 2011.
Authority to Provide for Municipal and Industrial Water Supply from the Buford Dam/Lake Lanier Project, Georgia
This memorandum for the USACE Chief of Engineers from the USACE Chief Counsel addresses the question: Does the U.S. Army Corps of Engineers have authority to operate the Lake Lanier/Buford Dam project to accommodate net withdrawals of 190 million gallons per day (mgd) annually from Lake Lanier, and to ensure flows of at least 1381 cubic feet per second (cfs) downstream at Atlanta, by the year 2030 as Georgia has requested?
Implementation Guidance for Section 2003 (b) of the Water Resources Development Act of 2007 - Definition of Non-Federal Interest
This document presents Section 2003(b) of the Water Resources Development Act of 20007
2013
Endangered Species Act (ESA) Guidance
This memorandum provides guidance on the implementation of the Endangered Species Act and how USACE Civil Works program opportunities can contribute to the preservation of listed endangered and threatened species.
Life Cycle Cost Management on Civil Works Projects
This memorandum provides guidance on the improvement of calculations, explanations, reporting, and display of cost estimates for Civil Works construction projects.
Civil Works Delegated Authority for Project Cost Management
This memorandum provides instructions for MSC Commanders to request approval from the DCG-CEO for any changes to the total project cost estimate that have exceeded, or are forecasted to exceed, the authorized project cost plus inflation, including those subject to Section 902.
Engineer Inspector General (EIG) Section 902 Inspection Report Recommendations and Command Implementing Instructions
This memorandum provides the Command Implementing Instructions for responding to the EIG Section 902 Inspection Report Recommendations.
Modification of non-federal contribution in Design Agreement
This memorandum provides guidance on the negotiation and execution of any new Design Agreement. It also describes modifications made to the Design Agreement model.
The Role of Counsel in the SMART Planning Process
On 8 February 2012, DCG-CEO directed implementation of a new process - SMART Planning - for conducting civil works feasibility studies. This memorandum provides additional guidance to Managing Counsels, Division Counsels, and District Counsels on their roles in the SMART Planning process
2014
Effective Use of Programmatic NEPA Reviews
Guidance issued by the Council on Environmental Quality (CEQ) for Federal departments and agencies on effective use of and requirements for programmatic National Environmental Policy Act (NEPA) reviews. This memo provides clarification on when and how Federal agencies should use programmatic NEPA reviews as well as an overview of opportunities for departments and agencies to use programmatic analyses to provide for greater efficiency in their work to comply with NEPA requirements for preparing NEPA reviews that help agencies make better informed decisions. This guidance may be useful for project delivery teams considering a tiered approach for the environmental impact statement for major studies or projects.
Application and Compliance of SMART Planning and the 3x3x3 Rule to Watershed Assessment Studies
This memorandum from the Chief, Office of Water Project Review, describes the review and approval process for Watershed Plans
U.S. Army Corps of Engineers Civil Works Review Board (CWRB) Expectations and Guidelines
This memo outlines changes to the scheduling of Civil Works Review Board meetings and the Headquarters review and processing of MSC Final Report Submittal Packages.
2015
Civil Works Policy Memorandum (CWPM) 15-001: Policy for Cost Management for Coastal and Hurricane Storm Damage Reduction Projects Involving Sand Placement
This policy memorandum establishes the criteria in determining maximum project cost limits for coastal and hurricane storm damage reduction projects involving the placement of sand, sometimes referred to as beach nourishment or shore protection projects.
Incorporating Ecosystem Services into Federal Decision Making
This memorandum directs agencies to develop and institutionalize policies to promote consideration of ecosystem services, where appropriate and practicable, in planning, investments, and regulatory contexts, and sets forth the process for development of implementation guidance.
Federal Standard Clarification Regarding Federal Dredging Mission and Interactions with Non-Federal Agencies
This guidance clarifies proper interpretation and implementation of the U.S. Army Corps of Engineers (USACE) regulations 33 CFR Parts 335 through 338, and particularly those parts of the regulations relating to the federal standard, as those regulations relate to federal maintenance dredging for federal navigation channels.
Completion of Legacy Studies
This memo provides a path to completion for "Legacy" feasibility studies following an enterprise Legacy Study Summit.
Implementation Guidance for Section 1020 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Transfer of Excess Credit
Section 1020 of WRRDA 2014 provides authority for the Secretary to approve a comprehensive plan submitted by a non-federal interest that identifies the transfer of credit for in-kind contributions that are in excess of the required non-Federal cost share for a study or project toward the required non-Federal cost share on a different study or project.
Implementation Guidance for Section 1025 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Water Resources Projects on Federal Lands
Section 1025 of WRRDA 2014 provides discretionary authority to the Secretary to carry out an authorized water resources development project on federal land that is under the administrative jurisdiction of another federal agency, where the cost of acquisition of such federal land has been paid for by the non-federal sponsor. The Secretary may carry out such a project only after the non-federal sponsor has entered into a Memorandum of Understanding (MOU) with the federal agency with administrative jurisdiction over such federal land, which includes such terms and conditions as the Secretary determines to be necessary. This section does not alter any non-federal cost-sharing requirements.
Implementation Guidance for Section 1028 of the Water Resources Reform and Development Act of 2014 - Clarification of Mitigation Authority
Section 1028 of WRRDA 2014 provides discretionary authority for the Secretary to carry out measures to improve habitat for fish species within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery, if the Secretary has been explicitly authorized to compensate for fish losses associated with the project and, if the Secretary determines that the measures are feasible, consistent with the authorized project purposes and the fish hatchery, and in the public interest. At such times as funds are provided, a feasibility study of measures to improve habitat at constructed Corps project with a fish hatchery may be undertaken if there is an explicit Congressional authorization to compensate for fish losses at that project.
Implementation Guidance for Section 1036 of the Water Resources Reform and Development Act of 2014 - Non-Federal Plans to Provide Additional Flood Risk Reduction
Section 1036 of WRRDA 2014 directs that, if requested by a non-federal interest, the Secretary shall carry out a locally preferred plan (LPP) that provides a higher level of protection than a flood risk management plan authorized in the Water Resources Reform and Development Act of 2014 (WRRDA 2014) if the Secretary determines that the plan is technically feasible and environmentally acceptable and the benefits of the plan exceed the costs of the plan. The Federal cost of any locally preferred plan carried out under Section 1036 shall not be greater than the share provided by law for elements of the National Economic Development (NED) plan.
Implementation Guidance for Section 1037(a) of the Water Resources Reform and Development Act (WRRDA) of 2014, Hurricane and Storm Damage Reduction
Section 1037 (a) further amends Section 156 of the Water Resources Development Act of 1976, as amended (42 U.S.C. 1962d-5f), to provide that, at the request of the non-federal interest, the Secretary shall carry out, for any coastal storm risk management project for which periodic renourishment is authorized for a maximum period of 50 years, a study to determine the feasibility of extending the period of nourishment for a period not to exceed 15 additional years beyond the 50 year maximum period of federal participation in cost shared renourishment. Upon completion of such a study, the Secretary shall report to the Congress on any recommendations and shall also include those recommendations related to the need for specific Congressional authorization in the annual report required by section 7001 of WRRDA 2014. Further, the non-Federal interest is required to submit a plan for reducing risk to people and property that the Secretary shall include with the recommendations provided to Congress.
Implementation Guidance for Section 3025 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Post Disaster Watershed Assessments
Section 3025 of WRRDA 2014 authorizes the Secretary to conduct watershed assessments in areas that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). At such time that funds are specifically appropriated for a study under this authority, the study will be conducted in accordance with ER 1105-2-100 and other applicable planning regulations. The study will be cost shared 50 percent federal and 50 percent non-federal. Additional guidance may be requested from Corps Headquarters to address coordination, processing, and approval of the report.
Implementation Guidance for Sections 1015 and 1023 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Contributed Funds
Section 1015 of WRRDA 2014 amends the contributed funds authority codified in 33 U.S.C. 701 h. It expands this authority to allow the U.S. Army Corps of Engineers (USACE) to accept voluntarily contributed funds from states and political subdivisions as well as from other non-federal interests. It clarifies that the authority to accept and expend contributed funds applies as well to authorized projects on the inland waterways. Section 1023 of WRRDA 2014 amends Section 902 of the Water Resources Development Act of 1986 (WRDA 1986) (Enclosure 2), as amended (33 U.S.C. 2280) to provide that USAGE may accept contributed funds to carry out any authorized water resources development project that has exceeded its maximum cost. This guidance supersedes the guidance in ER 1165-2-30 as it pertains to Contributed Funds.
2016
Implementation Guidance for Section 1005(b) of the Water Resources Reform and Development Act (WRRDA) of 2014, Categorical Exclusions in Emergencies
This memo provides guidance on the implementation of Section 1005(b) of the Water Resources Reform and Development Act (WRRDA) of 2014,. Section 1005(b) provides that the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that is declared a disaster by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be treated as an action that is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement in accordance with 40 C.F.R. Section 1508.4.
Memorandum from General Semonite: Reissuance of the U.S. Army Corps of Engineers Environmental Operating Principles (EOPs)
This memo reissues the 2012 EOPs (Environmental Operating Principles II) in order to renew the Corps' commitment to the principles and as a reminder to all Corps employees that it is essential each individual understand his or her responsibility to proactively implement the EOPs as a key to fulfilling the Corps mission.
Investigations Portfolio Financial Assessment
The purpose of this memorandum is to direct a reassessment of the planning investigation portfolio. MG Jackson directed an evaluation of the planning investigations portfolio, completion of studies funded for completion, termination of studies that have no viable sponsor, limited or no sponsor funding, or a low probability of federal interest, and fiscally closing out studies that have been completed or terminated.
Interim Guidance on the Conduct of Disposition Studies
This memo establishes a process for executing Disposition Studies initiated in FY2016 and to inform future program-wide guidance. See also Real Estate Policy Guidance Letter 33.
Information for the Sponsor at the Agency Decision Milestone (ADM) for Feasibility Studies
This memo directs the Corps of Engineers to inform the non-federal sponsor at the Agency Decision Milestone that if the estimated project costs (of the agency-supported plan or locally preferred plan) exceed the estimated project benefits when calculated using a real discount rate of 7 percent, the Office of Management and Budget (OMB) review required by Executive Order 12322 may advise the ASA(CW) that the project is not consistent with the policy and programs of the President and, as a result, the project may not receive Administration support for authorization after the completion of the feasibility study and reports of the Chief of Engineers and follow-on project funding. The benefit to cost ratio (BCR) at the 7 percent discount rate is used only to inform the sponsor and provide transparency on the way forward; it is not to be included in the feasibility study or Report of the Chief of Engineers.
Memorandum: Civil Works Transformation Planning Modernization: USACE National Water Resources Certified Planner
This 2016 memorandum launched the new USACE National Water Resources Certified Planner (WRCP) program. The objective of this program was to set a standard of excellence for the planning profession. In addition, it advanced the technical capability of individual planners, strengthened the quality of USACE planning products, and recognized USACE national planning capability.
Implementation Guidance for Section 1026 of the Water Resources Reform and Development Act of 2014 - Clarification of Impacts to Other Federal Facilities
Section 1026 of WRRDA 2014 provides discretionary authority for the Secretary to accept funds from other Federal agencies to address adverse impacts in any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities. Actions necessary to address the adverse impact include removal, relocation, or reconstruction, of these other Federal facilities.
Implementation Guidance for Section 1031(b) of the Water Resources Reform and Development Act of 2014- Cooperative Agreements (CAs) With Indian Tribes
Section 1031 of WRRDA 2014 provides authority for the Secretary of the Army to enter into a cooperative agreement with an Indian Tribe (or a designated representative of an Indian Tribe) to carry out authorized activities of the Corps to protect fish, wildlife, water quality, and cultural resources. The Secretary delegated this authority to the Assistant Secretary of the Army (Civil Works) (ASA(CW)), and the ASA(CW) delegated this authority to the Director of Civil Works with the option to re-delegate this authority to division and district commanders. This memorandum does not further re-delegate this authority, but outlines our framework for approval of associated Memorandums of Agreements (MOA) and CAs.
Implementation Guidance for Section 1044 of the Water Resources Reform and Development Act (WRRDA) of 2014- Independent Peer Review
Section 1044 of the Water Resources Reform and Development Act (WRRDA) 2014 amends Section 2034 of the Water Resources Development Act (WRDA) of 2007 by increasing to $200 million the estimated total project cost for project studies to be subject to mandatory Independent External Peer Review (IEPR); adding requirements for congressional and public notifications if an IEPR is not to be conducted; adding notification requirements and timelines for when a decision to conduct IEPR has been made; adding requirements for notice and public availability of the Final IEPR Report and Agency Response; and extending the period of applicability of Section 2034, as amended, to include project studies initiated prior to November 8, 2019.
Implementation Guidance for Section 2045(1) of the Water Resources Development Act (WRDA) of 2007, as amended by Section 1005(a)(1) of the Water Resources Reform and Development Act (WRRDA) of 2014, Categorical Exclusion Survey
Section 2045(1) of the Water Resources Development Act (WRDA) of 2007, as amended by Section 1005( a)( 1) of the Water Resources Reform and Development Act (WRRDA) of 2014 (Public Law 113-121) requires that the Secretary of the Army survey the use by the Corps of Engineers of categorical exclusions in projects since 2005 and publish a review of the survey. If the survey identifies a category of activities that merit establishing a new categorical exclusion, then the Secretary is to publish a notice of proposed rulemaking to propose any new categorical exclusion(s). The Secretary is also to solicit requests from other Federal agencies and project sponsors for new categorical exclusions.
Implementation Guidance for Section 3015 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) - Planning Assistance to States
Section 3015 of WRRDA 2014 further amends Section 22 of the Water Resources Development Act of 1974 (Section 22) to authorize the Secretary to provide assistance in the preparation of comprehensive water resources plans to a State, or to non-federal interests working with a State. It provides for the establishment of fees to recover 50 percent of the cost of developing comprehensive plans and in providing technical fees under Section 22 and for the acceptance and expenditure of contributed funds in excess of such fees.
Puget Sound Nearshore Ecosystem Restoration Project (PSNERP) Nooksack River Delta Setback Levees - Policy Concurrence
This memorandum from the Assistant Secretary of the Army (Civil Works) (ASA(CW)) articulates Army policy: "It is the policy of the Army to encourage floodplain restoration, as it encourages community resilience and provides benefits to both the ecosystem and human wellbeing. The use of levee set-backs, along with other measures to increase and enhance floodplains, is encouraged in aquatic ecosystem restoration projects. It is also the policy of the Army not to increase flood risks or decrease life safety without sufficient justification. When formulating restoration projects that propose restoring floodplains, the Corps should use the existing level of flood risk as the formulation baseline. If any changes to the baseline are recommended, then the Corps should demonstrate the rationale for the increase or decrease in the level of flood risk management. If the level of flood risk associated with an ecosystem restoration project is decreased, then the risk reduction increment above the baseline must be cost effective and incrementally justified. If the level of flood risk is increased as a result of ecosystem restoration, then the Corps must mitigate any induced damages as part of the restoration project." In the memo, the ASA(CW) concurs with the recommendation that the implementation of setback levees are a necessary project feature of the recommended plan to mitigate for induced flooding, and without moving the levees, minimal to no restoration benefits are achievable that meet the planning objective.
2017
Implementation Guidance for Section 1161 of the Water Resources Development Act of 2016 (WRDA 2016), Completion of Ecosystem Restoration Projects
When conducting a feasibility study for a project (or component of a project) for ecosystem restoration, the recommended project includes a plan for monitoring the success of the ecosystem restoration. Section 1161 of WRDA 2016 amends Section 2039 of WRDA 2007, to specify information required to be included in monitoring plans for ecosystem restoration projects, and to direct when non-federal operation and maintenance responsibilities of these projects may cease.
Modification of the Model Certification Process and Delegation of Model Approval for Use
This memo directs that guidance contained within EC 1105-2-412, Assuring Quality of Planning Models, remains applicable until an update of the EC is issued and, further, that the requirement for a HQUSACE Model Certification Panel is rescinded and the responsibilities are transferred to the PCX in accordance with their enterprise-wide role in their mission areas.
Policy Guidance Letter 44 Revisions - Relocation of Utilities at Navigation Projects Under Section 101 of the Water Resources Development Act (WRDA) of 1986, as Amended
This memorandum sets forth current U.S. Army Corps of Engineers policy regarding the relocation and removal of utilities located in or under navigable waters of the U.S. that interfere with Federal navigation improvements implemented under Section 101 of the Water Resources Development Act of 1986, as amended. Specifically, this memorandum modifies guidance on the interaction between Federal powers under the navigation servitude and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and the non-federal sponsor's performance and payment responsibilities for utility relocations. This memorandum rescinds Policy Guidance Letter No. 44, Relocations and Removals at Navigation (Harbor) Projects (20 Oct 95). It does not modify or supersede other, substantive regulations defining the scope of the Corps' authority under, and procedures implementing, Section 10 of the Rivers and Harbors Act of 1899 or other law.
Regionalization of U.S. Army Corps of Engineers (USACE) Archaeological Collections to be Managed by the Mandatory Center of Expertise (MCX) for the Curation and Management of Archaeological Collections (CMAC)
USACE's more than 150 archaeological collections will be reviewed and managed by the Mandatory Center of Expertise for the Curation and Management of Archaeological Collections (MCX CMAC). The MCX CMAC is authorized and directed to work with divisions and district to select regional centers and establish a national database of collections.
Further Advancing Project Delivery Efficiency and Effectiveness of USACE Civil Works
The subject memo was signed by Mr. James Dalton, Director of Civil Works, outlining his intent to operationalize risk-informed decision making at all levels, reduce redundancies and delegate authority to the most practical and appropriate level to meet the objective of advancing project delivery efficiency and effectiveness across USACE Civil Works. Guidance on CWRB replacement processes will be forthcoming.
Implementation Guidance for Section 1004 of the Water Resources Reform and Development Act (WRRDA) of 2014, Removal of Duplicative Analysis
Section 1004, Removal of Duplicative Analysis, of WRRDA 2014 repeals Section 911, Review of Cost Effectiveness of Design, of the Water Resources Development Act (WRDA) of 1986 (33 U.S.C. 2288). The requirement for formal Value Engineering Studies for water resources planning (Feasibility) studies is rescinded.
Updated Implementation Guidance for Section 1002 of the Water Resources Reform and Development Act (WRRDA) of 2014, Consolidation of Studies
Section 1002 of WRRDA 2014 amends Section 905 of the Water Resources Development Act (WRDA) 1986 to establish a single phase cost-shared study process by repealing the requirement for a reconnaissance study first at full Federal expense and requiring instead that a preliminary analysis of the federal interest, cost, benefits, and environmental impact be done following execution of the feasibility cost sharing agreement. Additionally, Section 1002 requires certain reporting and notification of study schedules. This memo supersedes the implementation guidance dated 9 April 2015.
Guidance to Federal Agencies Regarding the Environmental Review and Authorization Process for Infrastructure Projects
Guidance from OMB and CEQ for agencies to carry out the environmental permitting and review of proposed infrastructure projects under Title 41 of the FAST Act. Note: In general, USACE feasibility studies are not considered "covered projects" under this guidance.
Water Resources Development Act of 2016 (WRDA 2016) Implementation
Implementation Memo for WRDA 2016 requesting MSC Points of Contact and priority provisions with a 31 January 2017 suspense.
Implementation Guidance for Section 1041 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Mitigation Status Report
Section 1041 of WRRDA 2014 amends Section 2036(b) of the Water Resources Development Act of 2007 (WRDA 2007), to specify the information required to be included in the annual report to Congress on the status of construction of projects that require mitigation per Section 906 of WRDA 1986, as amended. Section 1041 requires that in reporting the status of all projects included in the report, the Secretary shall use a uniform methodology for determining the status of included projects; use a methodology that describes both a qualitative and quantitative status; and provide specific dates for participation in the consultations required under Section 906(d)(4)(B) of WRDA 1986, as amended (i.e. consultations with appropriate federal and state agencies). This implementation guidance clarifies that in order to better portray the mitigation status for the USACE portfolio, all projects under construction and not just those funded during the associated fiscal year will be included in the annual report.
Implementation Guidance for Section 1122(j) of the Water Resources Development Act of 2016 (WRDA 2016), Beneficial use of Dredged Material, Clarification
Section 1122(j) of the Water Resources Development Act (WRDA) of 2016 further amends Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962-5f(e)) by striking "3" and inserting "6" in Section 156(e). As a result, the special rule at 42 U.S.C. 1962-5f(e) now is as follows: "(e) Special Rule.-Notwithstanding any other provision of this section, for any existing authorized water resources development project for which the maximum period for nourishment described in subsection (a) will expire within the 5 year-period beginning on June 10, 2014, that project shall remain eligible for nourishment for an additional 6 years after the expiration of such period.
Implementation Guidance for Section 1128 of the Water Resources and Development Act of 2016 (WRDA 2016), Multistate Activities
Section 1128 of WRDA 16 further amends Section 22 of WRDA 1974, as amended (42 U.S.C. 1962d-16), to authorize the Secretary to cooperate with a group of states in the preparation of comprehensive plans, and to allow two or more states to combine all or a portion of the funds made available for preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such state or group of states.
Implementation Guidance for Section 1129 of the Water Resources and Development Act of 2016 (WRDA 2016), Application of Section 1156 Cost Sharing Waiver to Indian Tribes and Territories`
Section 1129 of WRDA 16 further amends Section 22 of WRDA 1974, as amended (42 U.S.C. 1962d-16), to authorize application of the cost sharing waiver provided under Section 1156 of WRDA 1986, as amended (33 U.S.C. 2310), to assistance provided under Section 22 to Indian Tribes and to certain specified territories of the United States.
Implementation Guidance for Section 1150 of the Water Resources Development Act of 2016 (WRDA 2016), Ice Jam Prevention and Mitigation
Section 1150 of WRDA 2016 authorizes the Secretary to carry out projects under Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701 s) that include the planning, design, construction, and monitoring of structural and nonstructural technologies and measures for preventing and mitigating flood damages associated with ice jams, and directs the Secretary to implement a pilot program to demonstrate the designs and technologies developed in accordance with the section beginning in FY17. The district will take the lead in developing the proposals and will coordinate through the division to the Headquarters Continuing Authority Program Manager, who will manage the Section 205 program.
Implementation Guidance for Section 1163 of the Water Resources Development Act of 2016 (WRDA 2016), Wetlands Mitigation
Section 1163 of WRDA 2016 amends Section 2036(c) of WRDA 2007 by replacing the full text-of the original provision and providing for consideration of the entire amount of potential in-kind credits available at mitigation banks and in-lieu fee programs when conducting water resources development feasibility studies. This implementation guidance rescinds implementation guidance issued in November 2008 for WRDA 2007 Section 2036(c).
Implementation guidance for Section 1165 of the Water Resources Development Act of 2016 (WRDS 2016), Disposition Studies
This memorandum provides implementation guidance for Section 1165(a) of the Water Resources Development Act of 2016 (WRDA 2016), which provides specific considerations for the Secretary of the Army to evaluate when conducting a USACE disposition study for a project. These considerations include economic, cultural, historic, or recreational significance or impacts at the national, state, or local level.
Implementation Guidance for Section 1184 of the Water Resources Development Act of 2016 (WRDA 2016), Consideration of Measures
Section 1184 of WRDA 2016 defines natural features and nature-based features and requires the Secretary, with the consent of the non-federal sponsor, to consider natural features, nature-based features, nonstructural measures, and structural measures, as appropriate, when studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration. In addition, Section 1184 requires the Secretary to submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b) no later than February 1, 2020, and 5 and 10 years thereafter
Implementation Guidance for Section 1204 of the Water Resources Development Act of 2016 (WRDA 2016), South Atlantic Coastal Study
Section 1204 of WRDA 2016 authorizes the Secretary to conduct a comprehensive coastal study within the geographic boundaries of the South Atlantic Division (SAD) to (1) identify the risks and vulnerabilities of those areas to increased hurricane and storm damage as a result of sea level rise; (2) recommend measures to address the vulnerabilities; and (3) develop a long-term strategy addressing increased hurricane and storm damages that result from rising sea levels and identifying opportunities to enhance resiliency, increase sustainability, and lower risks in populated areas, areas of concentrated economic development, and areas with vulnerable environmental resources. The section also requires the Secretary to report to Congress within four years after enactment of WRDA 2016 with specific and detailed recommendations to address those risks and vulnerabilities.
Implementation Guidance for Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Annual Report to Congress
Section 7001 of WRRDA 2014 requires that the Secretary of the Army annually submit to the Congress a report (Annual Report on Future Water Resources Development) that identifies for potential congressional authorization completed feasibility reports, proposed feasibility studies, and proposed modifications to authorized projects or studies. The report is to be based, in part, upon responses to an annual notice for proposals from non-federal interests published in the Federal Register. Additionally, Section 7001 requires that the Secretary certify that the proposals included in the annual report meet the criteria established by Congress. This memorandum supersedes the Implementation Guidance for Section 7001 issued 20 September 2016.
Implementation Guidance for Sections 1201 and 1207 of the Water Resources Development Act (WRDA) of 2016
Section 1201 of WRDA 2016 authorizes 30 feasibility studies for water resource development and conservation and other purposes identified in the annual reports submitted to the Congress in 2015 and 2016 pursuant to section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d). Section 1207 directs the Secretary to conduct studies to determine the feasibility of implementing projects for flood risk management, ecosystem restoration, navigation, water supply, recreation, and other water resource related purposes within the Kanawha River Basin, West Virginia, Virginia, and North Carolina.
Implementation Guidance for WRDA 2016
Signed implementation guidance for specific sections of the Water Resources Development Act of 2016.
Revisions to Implementation Guidance for Section 1030 of the Water Resources Reform and Development Act (WRRDA) of 2014, Continuing Authorities
Section 1030 of WRRDA 2014 increases the programmatic limits and per project limits for certain Continuing Authority Program (CAP) authorities and for the Flood Plain Management Services (FPMS) Program. In addition, it provides that the Water Resources Development Act (WRDA) of 2007 cost sharing amendment for beneficial use of dredged material does not apply to certain projects. Further, it provides that the entire non-federal share for projects under Section 1135 of WRDA 1986 may be provided by in-kind contributions. Finally, Section 1030 directs that the Secretary publish in the Federal Register the criteria used for prioritizing the annual funding for CAP projects and on an annual basis the status of each CAP project. This guidance supersedes Implementation Guidance for Section 1030 of WRRDA 2014, dated 3 December 2014.
2018
Policy Memorandum-Policy Guidance on Real Estate Implementation of Supplemental Appropriations in the Bipartisan Budget Act of 2018
This memo provides additional guidance related to the real estate aspects of the 9 August 2018 memo, Policy Guidance on Implementation of Supplemental Appropriations in the Bipartisan Budget Act of 2018. The memo clarifies that for all supplemental projects, the non-federal sponsor (NFS) remains responsible for the provision of LERRDs (lands, easements, rights of way, relocations and disposal sites) and provides additional detail on NFS and USACE requirements.
Implementation Guidance for Section 1031 (a) of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), and for Section 1121 of the Water Resources Development Act of 2016 (WRDA 2016), Tribal Partnership Program
Section 203 of WRDA 2000, as amended (33 U.S.C. 2269), authorizes the Secretary to carry out the Tribal Partnership Program, consisting of water-related planning activities, and activities related to the study, design, and construction of water resources development projects, that substantially benefit federally-recognized Indian Tribes and that are located primarily within Indian country (including lands within the jurisdictional area of an Oklahoma Tribe) or in proximity to Alaska Native Villages. The Secretary is also directed to consult with the Department of the Interior on any activity under the Program and to coordinate with Tribes, Department of the Interior and other federal agencies to consider their authorities in making recommendations. To meet this requirement, Districts, in collaboration with Tribal partners, shall implement appropriate coordination with the Department of Interior and other federal agencies during the study and document accordingly in the study report. This guidance supersedes the following guidance documents: Memorandum dated August 16, 2010, subject: "Delegated Review and Approval Authority for Reconnaissance Studies for Section 203 of WRDA 2000 Authority, Tribal Partnership Program"; Implementation Guidance for Section 2011 of WRDA 2007, dated May 16, 2008; Implementation Guidance for Section 203 of WRDA 2000, dated January 8, 2002; and Implementation Guidance for Sections 203(d)(1) and 204 of WRDA 2000, dated February 27, 2001, but only insofar as it relates to Section 203.
FY18 Emergency Supplemental Long-term Disaster Recovery Investment Program Performance Management Governance
USACEHQ Civil Works Programs Integration Division has issued project/ performance management guidance for studies and projects funded under the Emergency Supplemental, which will be tracked under a new Performance Management System. The objectives of the Performance Management System are to drive aggressive project delivery, assist in proactive management, and minimize upward reporting. A final version of this guidance will replace this draft once complete.
Changes to EPA's Environmental Review Rating Process
This memorandum issued by the U.S. Environmental Protection Agency (EPA) discontinues EPA's practice of issuing an alphanumeric rating system along with its written comments on draft Environmental Impact Statements under the National Environmental Policy Act (NEPA)/309 Program. This change is part of several efforts the NEPA/309 program is undertaking to improve its efficiency and effectiveness consistent with the goals outlines in Executive Order 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects. EO 13807 has since been revoked by EO 13990.
Implementation Guidance for Feasibility Studies for Executive Order 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects
The purpose of this guidance is to clarify and reinforce those Civil Works project development processes and procedures that will provide for compliance Executive Order 13807, which sets out several policies of the Federal Government related to infrastructure projects including, but not limited to, a policy to develop environmentally sensitive infrastructure; a policy to conduct coordinated, consistent, predictable, and timely environmental reviews; and a policy to make timely decisions with the goal of completing all federal environmental reviews and authorization decisions for "major infrastructure projects" within two years. This guidance was released in conjunction with Director's Policy Memorandum 2018-12, Implementation of Executive Order (EO) 13807 and One Federal Decision (OFD) within Civil Works Programs. EO 13807 has since been revoked by EO 13990.
Director's Policy Memorandum Civil Works Program 2018-11: Innovative Delivery of 2018 Emergency Supplemental Projects
This memorandum requires application of appropriate innovative methods of delivery to execute 2018 Emergency Supplemental projects. In order to be considered appropriate, an innovation must be within our authority, and should improve delivery, improve reliability, increase the quality, reduce costs, or demonstrate a new method with potential to improve the delivery of a quality reliable solution in a timely and cost-effective manner.
Director's Policy Memorandum Civil Works Program 2018-10: Strategy for Synchronization of the Regulatory and 408 Programs
The purpose of this memorandum is to provide direction for the synchronization of USACE business processes related to the Regulatory Program and the Section 408 Program. This effort enables effective and efficient internal coordination, leveraging of information, alignment of decisions, increased timeliness of decision-making, tracking of USACE permit decisions, and improved service to the public seeking USACE permits.
Director's Policy Memorandum Civil Works Program 2018-08: Water Management/Reservoir Control Operations Functional Responsibility
This memorandum directs that the functional responsibility for water management/reservoir control operations reside within the engineering organization, and clarifies the professional registration/licensure requirements of the supervisory chain of command responsible for operational oversight of daily water management/reservoir control operations, to ensure consistency of this critical public safety function.
Director's Policy Memorandum Civil Works Program 2018-07: Delegation of Red Flag Authority to Commanding General, MVD, for Urgent and Compelling Activation of the Ready Reserve for the Mississippi River Baton Rouge to The Gulf of Mexico Project at the Sou
This memorandum delegates authority to the CG, MVD to activate the Ready Reserve Hopper Dredge Fleet to maintain the federal navigation channel for the Mississippi River Baton Rouge to The Gulf of Mexico Project at the Southwest Pass (SWP).
Director's Policy Memorandum Civil Works Program 2018-06: Designation of a Lead USACE District Permitting of Non-USACE Projects Crossing multiple Districts or States
The purpose of this memorandum is to establish he policy for designating a lead district for non-USACE project permit and permission decisions that cross districts or states boundaries.
Director's Policy Memorandum Civil Works Program 2018-05: Improving Efficiency and Effectiveness in USACE Civil Works Project Delivery (Planning Phase and Planning Activities)
This Memorandum covers the actions that must be taken within the planning phase of the USACE Civil Works project delivery process in order to embrace and operationalize risk informed decision making. The Memorandum includes delegations for Feasibility Milestone decision making, as well as delegation of Policy Review.
Director's Policy Memorandum Civil Works Program 2018-04: Updated Guidance for the USACE National Flood Risk Management Program (NFRMP)
This memorandum provides updated guidance for the USACE National Flood Risk Management Program (NFRMP).
Director's Policy Memorandum Civil Works Program 2018-03: Delegation of Authority for Design/Construction Deficiencies under $500,000
This memorandum provides delegation of authority related to the approval of design and construction deficiency corrections that cost under $500,000 at Civil Works projects.
Director's Policy Memorandum Civil Works Program 2018-02: Clarification of Policies on Review Plan Approvals, Type II IEPR Decision, and Regional Programmatic Value Engineering Studies
This memorandum clarifies existing delegations of authority related to Civil Works project review approvals, and regional programmatic value engineering studies, in accordance with Line of Effort 2 (LOE 2).
Director's Policy Memorandum Civil Works Program 2018-01: Section 408 - Interim Changes for Immediate Implementation and Future Policy Revisions
The purpose of this memorandum is to immediately implement policy changes in the USACE process for reviewing Section 408 requests; provide information related to additional intended future policy changes; and, describe expectations for the vetting process of the new policy document.
Memorandum of Understanding Implementing One Federal Decision Under Executive Order 13807
This MOU establishes a cooperative relationship for the timely processing of environmental reviews and authorization decisions for proposed major infrastructure projects under the One Federal Decision (OFD) policy established in Executive Order (E.O.) 13807, which required the Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ), in consultation with the Federal Permitting Improvement Steering Council (Permitting Council), to develop a framework for implementation of the Executive Order. EO 13807 has since been revoked by EO 13990.
One Federal Decision Framework for the Environmental Review and Authorization Process for Major Infrastructure Projects under Executive Order 13807 (M-18-13)
The Office of Management and Budget and the Council on Environmental Quality issued this guidance for agencies to carry out responsibilities under Executive Order (E.O.) 13807, which requires Federal agencies to process environmental reviews and authorization decisions for "major infrastructure projects" as One Federal Decision (OFD). Section 5 of E.O. 13807 directs all Federal agencies with environmental review, authorization, or consultation responsibilities for major infrastructure projects to develop a single Environmental Impact Statement (EIS) for such projects, sign a single Record of Decision and issue all necessary authorizations within 90 days thereafter, subject to limited exceptions. E.O. 13807 also sets a government-wide goal of reducing, to two years, the average time for each agency to complete the required environmental reviews and authorization decisions for major infrastructure projects, as measured from the date of publication of a notice of intent to prepare an EIS. EO 13807 has since been revoked by EO 13990.
Director's Policy Memorandum Civil Works Program 2018-12: Implementation of Executive Order (EO) 13807 and One Federal Decision (OFD) within Civil Works Programs
This memorandum establishes policy pertaining to EO 13807 (Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects) and "One Federal Decision" across all Civil Works functional areas, and directs broad implementation of the EO's concepts. EO 13807 has since been revoked by EO 13990.
The Role of Counsel in Operationalizing Risk-Informed Decision Making During Project Development
The Director of Civil Works (DCW) directed actions to be taken within the planning phase of Civil Works project delivery to make that process more efficient by operationalizing risk-informed decision making. This new initiative is meant to refine the SMART Planning Process for conducting civil works studies. This memorandum summarizes this approach and the required procedural changes, and describes the role of Counsel in implementing these processes. It is meant to supplement and build upon the 2013 guidance memorandum on the role and responsibility of Counsel in the SMART Planning Process, and should not be read in isolation from it.
Bipartisan Budget Act of 2018 (BBA 2018) - Model Agreement for New Feasibility Studies Implementation Memo
This implementation memo provides instructions on how to use the Model Agreement for new feasibility studies funded by the Bipartisan Budget Act of 2018 (Emergency Supplemental), including on use and signature requirements.
Policy Guidance on Implementation of Supplemental Appropriations in the Bipartisan Budget Act of 2018
This document, issued by the Assistant Secretary of the Army (Civil Works), provides implementation guidance for supplemental appropriations in the Investigations, Construction, Mississippi River and Tributaries (MR& T), Operation and Maintenance, and Expenses appropriations. Implementation guidance for the Flood Control and Coastal Emergencies appropriation is provided separately, dated 11 May 2018.
Implementation Requirements for Section 22 of the Water Resources Development Act of 1974, as amended, and Non-Federal Interests
This memorandum provides additional guidance on the provision of assistance under the Planning Assistance to States (Section 22) program. The memo clarifies the conditions under which the Corps can provide assistance to a non-federal public body or a nonprofit entity.
Director's Policy Memorandum Civil Works 2018-09: Principals of Delivery for the 2018 Emergency Supplemental
USACE received $17.1B in Emergency Supplemental funding as appropriated in Public Law 115-123. The purpose of this Director's Policy Memorandum is to ensure that all USACE team members clearly understand enterprise intent for the aggressive and high-quality delivery of projects and studies included in the Emergency Supplemental.
Implementation Guidance for Section 1126 of the Water Resources Development Act of 2016 (WRDA 2016), Study of Water Resources Development Projects by Non-Federal Interests (Revised)
The purpose of this memorandum is to provide guidance regarding the provision of technical assistance to a non-federal interest undertaking a feasibility study of a proposed water resources development project pursuant to Section 203 of WRDA 1986. This guidance replaces previously signed implementation guidance for WRDA 2016 section 1126 (April 2017), which is rescinded in its entirety and supersedes specific sections of Engineering Regulation 1165-2-209, Studies of Water Resources Development Projects by Non-Federal Interests, dated February 4, 2016. This guidance does not affect previous agreements that identify and commit to specific technical assistance.
Revised Delegation of Authority in Section 2034(a)(5)(A) of the Water Resources Development Act of 2007 (WRDA 2007), as amended (33 U.S.C. 2343)
Section 2034 of WRDA 2007, as amended, requires Independent External Peer Review (IEPR) of studies or projects with an estimated total cost of more than $200 million unless the Chief of Engineers determines that the study is exempt from an IEPR. This memorandum allows delegation of authority to the MSC Commanders to determine if a study is excluded from IEPR and puts into effect that delegation. This authority may not be further delegated.
2018 Water Resources Certified Planner Program Selections
This memo announces the second round of selected certified planners as part of the National Water Resources Certified Planner Program. This program sets a standard of excellence for the USACE planning profession and supports the continuing development of a highly capable planning workforce. This hallmark program advances the technical capability of individual planners, strengthens the quality that USACE planning produces, and recognizes USACE's national planning capability.
Delegation of Model Certification
This memo directs that guidance contained within EC 1105-2-412, Assuring Quality of Planning Models, as well as the memorandum issued 4 December 2017, Modification of the Model Certification Process and Delegation of Model Approval for Use, remain applicable until an update of the EC is issued, with the exception that certification of models is now delegated to the Directors of the Planning Centers of Expertise.
Implementation Guidance for Section 1005 of the Water Resources Reform and Development Act of 2014 (WRRDA 2014), Project Acceleration
Section 1005 WRRDA 2014 (Public Law 113-121) modifies Section 2045 of the WRDA 2007 (33 USC 2348) and in general directs that the Secretary shall develop and implement a coordinated environmental review process for the development of project studies. This guidance applies to all feasibility studies for proposed water resources development projects that will require specific authorization if the feasibility cost share agreement (FCSA) for the study was executed after enactment of WRRDA 2014 (10 June 2014) and for which an environmental impact statement (EIS) is prepared under the National Environmental Policy Act of 1969 (42 USC 4321 et seq.) (NEPA). The guidance also applies to feasibility studies initiated after enactment of WRRDA 2014 but that do not require a FCSA. It may also apply to other project studies initiated after enactment of WRRDA 2014 that require an environmental assessment, categorical exclusion, or other document under NEPA if determined appropriate by the Secretary. The guidance provides timelines and instruction to project delivery teams (PDTs) for engaging with federal, state, and local government agencies and Indian tribes on the environmental review process.
Implementation Guidance for Section 1183 of the Water Resources Development Act of 2016 (WRDA 2016), Coastal Engineering
Section 1183(b)-(e) of WRDA 2016 directs the Secretary to convene an interagency working group (IAWG) on resilience to extreme weather, which will coordinate research, data, and federal investments related to sea level rise, resiliency, and vulnerability to extreme weather, including coastal resilience; authorizes the Secretary to conduct regional assessments of coastal and back bay protection and of federal and state policies and programs related to coastal water resources in cooperation with heads of appropriate federal agencies, states that have approved coastal management programs and appropriate agencies of those states, local governments, and the private sector; and requires the Secretary, when carrying out activities authorized by the section, to use existing research done by federal, state, regional, local, and private entities to eliminate redundancies and related costs to the maximum extent practicable.
Delegation of Authority in Section 2034(a)(5)(A) of the Water Resources Development Act of 2007 (WRDA 2007), as amended (33 U.S.C. 2343)
Section 2034(a)(5) of WRDA 2007 authorizes the Chief of Engineers to exclude a study from IEPR if the study does not include an environmental impact statement, and if the Chief of Engineers determines that the study is not controversial; has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources; has no substantial adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the critical habitat of such species designated under such Act. This memo delegates the authority to determine that a study for a project with an estimated total cost, including mitigation costs, of more than $200 million meets the criteria in Section 2034(a)(5) and is excluded from IEPR, to the Director of Civil Works.
Delegation of Authority in Section 2034(a)(5)(A) of the Water Resources Development Act of 2007 (WRDA 2007), as amended (33 U.S.C. 2343)
Section 2034(a)(5) of WRDA 2007 authorizes the Chief of Engineers to exclude a study from IEPR if the study does not include an environmental impact statement, and if the Chief of Engineers determines that the study is not controversial; has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources; has no substantial adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the critical habitat of such species designated under such Act. This memo delegates the authority to determine that a study for a project with an estimated total cost, including mitigation costs, of more than $200 million meets the criteria in Section 2034(a)(5) and is excluded from IEPR, to the Director of Civil Works.
Implementation Guidance for Section 1122(a)-(h) of the Water Resources Development Act (WRDA) of 2016, Beneficial Use of Dredged Material
Section 1122 of WRDA 2016 (a-h) directs the Secretary to establish a pilot program consisting of 10 projects for the beneficial use of dredged material for certain specified purposes. It provides for the establishment of regional beneficial use teams to identify and assist in implementation of projects under the pilot program. HQUSACE will publish a notice in the Federal Register with instructions for submitting project proposals. This guidance applies to the selection and implementation of pilot projects.
Implementation Guidance for Section 5013, Title C of the Water Infrastructure Improvement for the Nation Act of 2016 (WIIN 2016), Estuary Restoration
Section 5013 of WIIN 2016 clarifies the authority for a nongovernmental organization to serve as the non-federal interest for a project and extends the authority for appropriations until 2021. This Section amends Sections 104(f) and 109(a) of the Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)).
2019
Actions After Notice of Termination: General Guidance for Project Close-out Standard Operating Procedures
This document provides guidance on roles, responsibilities, and procedures related to the close-out of USACE projects including confirmation of costs, proportionate share review, notification to the sponsor, CEFMS cost transfer, request for final accounting, CEFMS close-out process, the close-out letter, finalization of the cost share control record, and fiscal P2 completion. This guidance accompanies the 23 March 2020 memo, Completion and Termination Guidance for U.S. Army Corps of Engineers Studies.
Director's Policy Memorandum FY2020: Acceptance of Contributed Funds, Advanced Funds, and Accelerated Funds
This Director's Policy Memorandum consolidates, clarifies, and updates policy guidance on the acceptance and use of contributed funds, advanced funds, and accelerated funds, which are alternative financing options for the acceptance and expenditure of non-federal funds that may expedite the delivery of water resources development projects. Note: Appendix E of the Planning Guidance Notebook (Engineer Regulation 1105-2-100) provides a summary table that describes when contributed, advanced or accelerated funds may be accepted in the feasibility phase.
Partnering with Non-Federal Interests
This memorandum from the Assistant Secretary of the Army for Civil Works (ASA(CW)) directs the Corps to treat non-federal interests as full partners in all study, planning, design, and construction processes for projects. Districts are directed to routinely engage non-Federal interests not less frequently than monthly, and provide them updated information and data related to the study, design, and/or the construction of an authorized project.
Economic Analyses for Deep Draft Navigation (DDN) and Small Boat Harbor (SBH) Feasibility Studies
This memorandum provides additional guidance on economic analyses performed for DDN and/or SBH feasibility studies including Continuing Authorities Program (CAP) Section 107 Studies-Navigation Improvements.
HEC-LifeSim 1.01 (Certified for Life Loss Estimation)
The Hydrologic Engineering Center's (HEC) Life Loss Estimation (HEC-LifeSim) software is a spatially-distributed dynamic simulation modeling system for estimating potential life loss and direct economic damages from floods. The software is used extensively in the USACE Dam and Levee Safety Programs to inform program priorities and investment decisions; however, for use in traditional USACE planning studies it is certified for estimating potential life loss only.
Regional Economic System (RECONS) Model Re-Certification Memo
The RECONS 2.0 model is a regional economic impact modeling tool developed by the USACE Institute for Water Resources (IWR) to provide accurate and defensible estimates of regional economic impacts associated with Federal expenditures. This modeling tool automates calculations and generates estimates of jobs and other economic measures such as income and sales associated with USACE spending on Civil Works programs and projects. The RECONS 2.0 model incorporates impact area data, multipliers, direct ratios, and geographic capture rates extracted from other planning models utilized to evaluate the economic effects of proposed actions. An earlier version of RECONS was previously certified by HQUSACE.
Implementation Guidance for Section 1159 of the Water Resources and Development Act of 2018, Regional Coalitions and Higher Education
Section 1159 of WRDA 2018 amends Section 22(a) of WRDA 1974 (42 U.S.C. 1962d-16(a)), to authorize regional coalitions of governmental entities to participate in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State, interest, or entity. Additionally, Section 1159 amends Section 22(a) to authorize the Secretary to work with an institution of higher education in the preparation of comprehensive plans and in the provision of technical assistance. These Section 22 efforts are also known as the Planning Assistants to States (PAS) program.
Implementation Guidance for Section 1126 of the Water Resources Development Act of 2018, Purpose and Need
Section 1126 of the Water Resources Development Act of 2018 (WRDA 2018) requires District Engineers to develop and provide a purpose and need statement to an applicant within 90 days of the applicant submitting a complete application for a water storage project. This guidance is applicable to all USACE Districts that implement Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and/or Section 14 of the Rivers and Harbors Act of 1899 (Section 408), and applies to the Corps' processing of applications for permits under these authorities for regulated activities associated with the construction of a new water storage project or modification of an existing water storage project.
Revised Implementation Guidance for Section 1116 of the Water Resources Development Act (WRDA) of 2018, Dredge Material Management Plans
Section 1116 of the Water Resources Development Act of 2018 (WRDA 2018) directs the Secretary to expedite the dredged material management plan (DMMP) process in order that such plans make maximum use of existing information, studies, and innovative dredged material management practices, and avoid any redundant information collection and studies. This guidance provides information on the development of the plan, and applies to DMMPs initiated after the date of enactment of this Act or to existing DMMPs where updates are initiated after the date of enactment.
Revised Implementation Guidance for Section 1120 of the Water Resources Development Act (WRDA) of 2018, Transparence and Accountability in Cost Sharing For Water Development Projects
Section 1120 of the Water Resources Development Act of 2018 (WRDA 2018) directs each USACE District, using the authority provided under Section 10 of Water Resources Development Act of 1988 (WRDA 1988) (33 U.S.C. 2315), to maintain a "balance sheet" for each water resource development project carried out by the Secretary for which a non-federal cost share is required and to provide to the non-Federal Sponsor for the project, on its request, a copy of the balance sheet. Section 1120 further provides that if a project is completed at a cost less than the estimated cost, the Secretary shall transfer any excess non-Federal funds to the non-Federal Sponsor in accordance with the cost-share requirement applicable to the project. This guidance contains the form which will be used to generate the monthly financial report.
Real Estate Policy Guidance Letter No.31 - Real Estate Support to Civil Works Planning
This Real Estate Policy Guidance Letter revises the interim policy and guidance for real estate efforts associated with feasibility studies (including those for Continuing Authorities Projects [CAP]) and to ensure conformance with reference c. as relates to operationalizing risk informed decision making. This memorandum supersedes and replaces Real Estate Policy Guidance Letter No. 31¬ Real Estate Support to Civil Works Planning Paradigm (3x3x3), 10 January 2013.
Director's Policy Memorandum 2019-02: Operationalizing Risk-Informed Decision Making in Project Management (Planning Phase)
This memorandum establishes or reaffirms key Project Manager (PM) responsibilities during the Planning phase to ensure consistent implementation across USACE Districts. This document is not intended to capture all project management activities or by lack of including negate project management requirements laid out by other current guidance.
2019 Water Resources Certified Planner Program Selections
This memo announces the third round of selected certified planners as part of the USACE National Water Resources Certified Planner Program. The objective of the program is to set a standard of excellence for the USACE water resources planning profession.
Implementation Guidance for Section 1001 of the Water Resources Reform and Development Act of 2014, Vertical Integration and Acceleration of Studies as amended by Section 1330(b) of the Water Resources Development Act of 2018
Section 1001 of Water Resources Reform and Development Act of 2014 (WRRDA 2014) (Public Law 113-121) provides that, to the extent practicable, USACE feasibility reports will be completed in three years and will have a maximum federal cost of $3 million and that USACE Districts, Divisions and Headquarters review will be concurrent. Section 1001 provides further that the Secretary of the Army may extend the timeline and/or approve federal costs greater than $3 million. Section 1001 also provides that the authorization for a particular feasibility study terminates if the study is not completed within certain timeframes. Section 1330(b) of the Water Resources Development Act of 2018 (WRDA 2018) extends the timeline for a feasibility study to ten years. This implementation guidance applies to all feasibility studies of proposed water resources development projects that are initiated after June 10, 2014, except for feasibility studies conducted under the Continuing Authorities Program. It supersedes the implementation guidance for Section 1001, dated 9 April 2015, as well as the reissued version dated 19 July 2018.
Interim Guidance on Streamlining Independence External Peer Review (IEPR) for Improved Civil Works Product Delivery
This memorandum summarizes the current guidance on delegated IEPR authorities to the field, and provides updated guidance on IEPR mandatory triggers. In particular, it streamlines the mandatory triggers to reflect only the statutory requirements for Type I IEPR. When the statutory requirements for IEPR were first introduced in the WRDA 2007, USACE adopted a broad application of these reviews. In the years since, USACE improved its quality management and strengthened all layers of review. In a resources constrained environment, USACE must focus its IEPR implementation on the most complex, highest cost projects, as well as those that pose a high risk to public safety, the economy, and the environment.
National Environmental Policy Act Decision Documents Memo
This ASA(CW) memorandum requires USACE to adopt the use of consistent templates for Findings of No Significant Impact (FONSI) and Records of Decision (ROD) NEPA decision documents. Use of the templates will allow for consistent and predictable documentation for projects. Any requested modification of the template FONSI or ROD for a project will be coordinated with the Deputy ASA for Project Planning and Review and staff, with final approval by the ASA(CW), prior to submittal.
Mitigation Planning and Adaptive Management
This memorandum highlights clarifications that will be incorporated into the Mitigation Planning and Adaptive Management section of Appendix C (Environmental Evaluation and Compliance) of ER 1105-2-100 (the Planning Guidance Notebook) to better engage non-federal sponsors in the mitigation planning process and the monitoring and adaptive management of mitigation plans.
Director's Policy Memorandum 2019-02: Employing MSC and District Technical Expertise and Professional Judgment to Empower Enhanced Delivery of the 2018 Emergency Supplemental Program
The purpose of this Director's Policy Memorandum is to empower our highly trained and experienced MSC/District teams to use their technical expertise and professional judgement to make and document authoritative decisions regarding USACE policy and guidance which will enhance delivery of the 2018 Emergency Supplemental within the spirit and intent of USACE policy and guidance.
Implementation Guidance for Section 1136 of the Water Resources Development Act of 2018, Credit or Reimbursement
Section 1136 of WRDA 2018 amends Section 1022 of WRRDA 2014 (33 U.S.C. 2225) to modify the eligibility of authorized flood damage reduction projects constructed by non-federal interests under Section 211 WRDA 1996 (33 U.S.C. 701 b--13) for credit in lieu of reimbursement. Section 1136 also expands Section 1022 to include authorized coastal navigation projects constructed by USACE prior to October 23, 2018 using funds advanced by non-Federal interests pursuant to Section 11 of the Act of March 3, 1925 (33 U.S.C. 561 ). Section 1136 limits the application of credits and reimbursements to flood damage reduction and coastal navigation projects or studies.
Implementation Guidance for Section 1152 of the Water Resources Development Act of 2018, Studies of Water Resources Development Projects by Non-Federal Interests
Section 1152 of WRDA 2018 further amends Section 203 of WRDA 1986 (33 U.S.C. 2231), which authorizes non-federal interests to undertake feasibility studies of water resources development projects for submission to the Secretary, to require that the study must be Federally authorized. In addition, it provides that the completion of a review by the Secretary of a submitted study may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration. Further, it authorizes the Secretary to accept funds provided by non-Federal interests to carry out technical assistance related to any aspect of the feasibility study, and it also authorizes the Secretary to accept funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out Section 203. It specifies that any funds provided by non-Federal interests under Section 203 are not eligible for credit or reimbursement. Finally, it provides that the Secretary shall ensure that the use of funds accepted from the non-Federal interests will not affect the impartial decision making of the Secretary, either substantively or procedurally, and the provision of technical assistance shall not be considered an approval or endorsement of the feasibility study and shall not affect the responsibilities of the Secretary under Section 203.
Implementation Guidance for Section 1153 of the Water Resources Development Act of 2018, Construction of Water Resources Development Projects by Non-Federal Interests
Section 1153 of WRDA 2018 further amends Section 204 of WRDA 1986 (33 U.S.C. 2232), which authorizes a non-federal interest to undertake construction of certain water resources development projects. Section 1153 provides that the projects must be Federally authorized; provides exceptions to permitting requirements in certain situations; provides that any studies, engineering, and technical assistance provided by the Corps to the non-Federal interest is not eligible for credit or reimbursement; requires provision of certain data and documentation to the non-Federal interest; and authorizes credit or reimbursement as discrete segments of the project or separable elements are completed.
Implementation Guidance for Section 1157 of the Water Resources Development Act of 2018, U.S. Army Corps of Engineers Continuing Authorities Program
Section 1157 of WRDA 2018 increases the annual programmatic limits and per project limits for certain Continuing Authorities Program (CAP) authorities and for the Tribal Partnership Program.
Implementation Guidance for Section 1164 of the Water Resources Development Act of 2018, Local or Regional Government Water Management Plans
Section 1164 of WRDA 2018 authorizes the Secretary, with the consent of the non-federal interest, to enter into a written agreement for a feasibility study for a water resources development project with a unit of local government in the watershed that has adopted a local or regional water management plan, and to allow the unit of local government to participate in the feasibility study to determine if there is an opportunity to include additional feasible elements in the project to help achieve the purposes identified in the local or regional water management plan. A unit of local government may serve as a sole or co-non-Federal sponsor to a Feasibility Cost Share Agreement (FCSA) executed under Section 105(a)(1) of WRDA 1986 (33 U.S.C. 2215(a)(1 )), or it may partner separately with the non-Federal sponsor to a FCSA to provide input to the feasibility study.
Implementation Guidance for Section 1330(a) of the Water Resources Development Act of 2018, Project Deauthorization and Study Extensions
Section 1330(a) WRDA 2018 amends Section 6003(a) WRRDA 2014 by extending the length of time from a 7-year period to a 10-year period before a water resources development project, separable element, or environmental infrastructure assistance project or program, authorized for construction in WRRDA 2014, is automatically deauthorized because there have been no obligations for construction during that period beginning on June 10, 2014. Any water resources development project, separable element, or environmental infrastructure assistance project or program, authorized for construction by WRRDA 2014, will automatically be deauthorized on June 10, 2024 if there have been no obligations for construction. However, in calculating the 10-year period before automatic deauthorization, the Secretary shall not include any period of time during which the project is being reviewed and awaiting determination by the Secretary to implement a locally preferred plan for that project. The Secretary shall not deauthorize any project during this period of review.
Revised Implementation Guidance for Section 1104 of the Water Resources Development Act (WRDA) of 2018, Dissemination of Information
Section 1104(b) of WRDA 2018 directs the Secretary to develop, support, and implement education and awareness efforts for non-federal interests with respect to the Annual Report to Congress on Future Water Resources Development required under Section 7001 of WRRDA 2014 (33 U.S.C. 2282d). Section 1104 directs the Secretary to provide, upon a request from a non-Federal interest, assistance with researching and identifying existing project authorizations and Corps decision documents. The guidance provides direction for such education and awareness efforts, including the maintenance of an informational website about Section 7001 and the Annual Reports to Congress on Future Water Resources Development by Corps Headquarters.
Revised Implementation Guidance for Section 1115 of the Water Resources Development Act (WRDA) of 2018, Property Acquisition
Section 1115 of WRDA 2018 directs that the Secretary shall first consider the minimum interest in real property necessary to support the water resources development project for which such interest is acquired. The Secretary shall consider, with respect to a State, the procedures that the State uses to acquire, or require the acquisition of, interests in land. This implementation guidance clarifies that USACE will continue to follow established Real Estate policy, as stated in Engineer Regulation 405-1-12, Chapter 12, Paragraph 12-9, Determining the Appropriate Interest to Acquire.
Revised Implementation Guidance for Section 1149 of the Water Resources Development Act (WRDA) of 2018, Inclusion of Alternative Measures for Aquatic Ecosystem Restoration
Section 1149 of WRDA 2018 directs the Secretary to consider natural features or nature-based features when carrying out projects under Section 206 of WRDA 1996, as amended (33 U.S.C. 2330), and authorizes the Secretary, with the consent of the non-federal interest, to include these natural or nature based features if they are consistent with the requirements of Section 206(a) of the WRDA 1996, as amended. In addition, Section 1149 directs the Secretary, in carrying out a feasibility report developed under Section 905 of WRDA 1986, as amended (33 U.S.C. 2282), for a project for flood risk management or hurricane and storm damage risk reduction, to consider traditional and natural infrastructure alternatives, alone or in conjunction with each other, if those alternatives are practicable.
Revised Implementation Guidance for Section 1162 of the Water Resources Development Act of 2016 and Section 1040 of the Water Resources Reform and Development Act of 2014, Fish and Wildlife Mitigation Section 906 of the Water Resources Development Act of 1986, as Amended (33 U.S.C. 2283) (WRDA 2016)
Section 1040 of WRRDA 2014 modifies Section 906(d) (Mitigation Plans as Part of Project Proposals) of WRDA 1986 and establishes new subsections (h) Programmatic Mitigation Plans and (i) Third-Party Arrangements. Section 1162 of WRDA 2016 amends Section 906 of WRDA 1986 by modifying subsection (h) and establishing new subsections (j) Use of Funds and (k) Measures. This implementation guidance provides details on how USACE will comply with Section 1040 of WRRDA 2014 and reiterates that it is the policy of the USACE Civil Works program to demonstrate that impacts to all ecological resources, both terrestrial and aquatic, have been avoided and minimized to the extent practicable, and that any remaining non-negligible unavoidable impacts have been compensated for to the extent practicable.
Revised Implementation Guidance for Section 1166 of the Water Resources Development Act (WRDA) of 2018, Advance Funds for Water Resources Development Projects
Section 1166 of WRDA 2018 amends the Act of October 15, 1940 (33 U.S.C. 701 h-1) to allow for advanced funds to be accepted for all types of water resources development projects and clarifies the entities that are considered under the term "State." Section 1166 provides the general direction that for any provision of law that authorizes a non-federal interest to provide, advance, or contribute funds to the Secretary for the development or implementation of a water resources development project, the Secretary shall ensure, to the maximum extent practicable, that the use by a non-Federal interest of such authorities does not adversely affect: (1) the process or timeline for development and implementation of other water resources development projects by other non-Federal entities that do not use such authorities; or (2) the process for including such projects in the President's annual budget submission to Congress. This guidance also rescinds Engineer Regulation 1165-2-30, Acceptance and Return of Required, Contributed or Advance Funds, dated 30 October 1998.
Revised Implementation Guidance for Section 1167 of the Water Resources Development Act (WRDA) of 2018, Cost in Excess of Federal Participation Limit
Section 1167 of WRDA 2018 amends Section 14 of the Flood Control Act of 1946 (33 U.S.C 701 r), which authorizes the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, and public works, churches, hospitals, schools, and other nonprofit public services, to direct that the non-federal interest shall be responsible for any such costs that exceed the Federal participation limit of $5,000,000. If an increase to the project cost is determined after the Project Partnership Agreement (PPA) is executed that would result in an estimated Federal cost share in excess of the Federal participation limit, then based on the standard language in the PPA, the non-Federal interest is responsible for all costs greater than the Federal participation limit.
Revised Implementation Guidance for Section 1168 of the Water Resources Development Act (WRDA) of 2018, Disposition of Projects
Section 1168 of WRDA 2018 directs the Secretary, in carrying out a disposition study for a Corps project or a separable element of such a project, to consider modifications that would improve the overall quality of the environment in the public interest, including removal of the project or separable element of a project. Section 1168(b) directs the Secretary to conduct the study in a transparent manner. Section 1168(c) endorses removal of a project or separable element of a project in partnership with other federal agencies and non-federal entities, to the extent permitted under existing authorities, when the Secretary determines that a Federal interest no longer exists and recommends removal.
2020
Procedural Clarification Regarding Environmental Documentation for Project Information Reports
This memorandum clarifies that, during completion of Project Information Reports (PIRs), District Commanders will consider the probable environmental consequences when determining the recommended alternative for rehabilitation assistance projects and describe proposed NEPA documentation or exclusion, as appropriate. This memorandum provides PIR paragraph templates for various sections of the report.
Memorandum: Signature of Federal Register Documents for the U.S. Army Corps of Engineers
This memorandum from the Assistant Secretary of the Army Civil Works outlines the delegation of signature authority for regulations, notices, and guidance documents to various USACE entities for publishing in the Federal Register.
Delegation of Authority - Approval Levels for Section 14 Decision Documents, Locally Preferred Plans, and Costs in Excess of Federal Project Limit
The subject memo from the Assistant Secretary of the Army for Civil Works (ASA(CW)) authorizes and encourages Headquarters' delegation of certain decisions within the Continuing Authorities Program. These delegations of authority are effective immediately and supersede all previous delegations of this authority without prejudice to any prior actions. Per the 1 August 2023 ASA(CW) Memorandum, "Interim Delegation of Authority - Approval Levels for Section 14, 103, 107, 204, 205, 206, and 1135 Decision Documents; Locally Preferred Plan; and Costs in Excess of Federal Project Limit," these delegations are temporarily extended through 31 December 2023.
Delegation of Approval and Execution Authority: Surplus Water Template Agreements Under Section 6 of the 1944 Flood Control Act (33 U.S.C. 708)
Pursuant to the Delegation of Approval and Execution Authority for Water Supply Storage Reallocation Report, Water Supply Storage Agreements, and Surplus Water Determinations and Reports policy memorandum dated 18 May 2020, this memorandum approves and transmits two surplus water agreement templates, one for general use and one for use at the Missouri River Mainstem Reservoirs, to implement surplus water determinations or reports that have been approved by the Director of Civil Works, or in the case of the Mainstem Reservoirs, by the Northwestern Division Commander. Note: the reference surplus water agreement templates are available on the Planning Community Toolbox Agreements page.
Rescission of Policy Guidance Letter No. 26: Easements to Support Water Supply Storage Agreements and Surplus Water Agreements
This memorandum from the Director of Real Estate rescinds Real Estate Policy Guidance Letter No. 26: Easements to Support Water Supply Storage Agreements and Surplus Water Agreements, dated 10 June 2008, in order to align with updated policy, guidance, and processes for review of water supply withdrawal requests outlined in the guidance memorandum dated 3 December 2020, Improving Internal Processes for Review of Requests for Water Supply Withdrawals.
Improving Internal Processes for Review of Requests for Water Supply Withdrawals
The purpose of this memorandum is to ensure that MSCs take steps to accelerate, simplify, and better integrate the processing of requests for withdrawals of water from USACE water resource development projects. This memorandum does not add or change substantive policies regarding implementation of relevant USACE authorities. Rather, MSC Commanders are instructed to take steps to ensure efficient processing of water withdrawal requests under existing authority. Note: Real Estate Policy Guidance Letter No. 26, Easements to Support Water Supply Storage Agreements and Surplus Water Agreements has been rescinded to align with the updated policy, guidance, and processes for review of water supply withdrawal requests.
Council on Environmental Quality (CEQ), Memorandum for Heads of Federal Departments and Agencies: Implementation of Updated National Environmental Policy Act Regulations
This memorandum provides direction for Federal departments and agencies on the CEQ's final rule updating its regulations at 40 CFR parts 1500-1508 implementing the procedural provisions of the National Environmental Policy Act, 42 U.S.C. 4321 et seq. (NEPA), published on 16 July 2020. The final rule modernizes and clarifies the CEQ regulations to facilitate more efficient, effective, and timely NEPA reviews by Federal departments and agencies in connection with proposals for agency action.
Director's Policy Memo - Continuing Authorities Program (CAP) Feasibility Phase Process Changes
This Director's Policy Memorandum (DPM) updates various Continuing Authorities Program (CAP) internal processes in order to effectively and efficiently implement recent delegations from the Assistant Secretary of the Army for Civil Works (ASA(CW)) and USACE Headquarters (HQUSACE). This DPM addresses the execution of the feasibility cost share agreement (FCSA), the approval of the project review plan, changes to the two required CAP study milestones, and the certification of cost estimates. Further, this DPM provides a framework for the development of program assessment tools and a process for certifying District capability to perform the delegations.
Reorganization of the Small Boat Harbor Planning Sub-Center of Expertise (SBH-PSCX)
The purpose of this memo is to notify the Deep Draft Navigation Planning Center of Expertise (DDNPCX) of Pacific Ocean Division's (POD) intent to reorganize day-to-day operations of the Small Boat Harbor Planning Sub-Center of Expertise (SBH-PSCX).
Continuing Authorities Program Approval Level for Costs in Excess of the Federal Participation Limit
This memo authorizes the Director of Civil Works to approve policy waivers for projects where the federal share of total project costs would otherwise exceed the federal per-project limit from 25 to 50 percent, provided that non-federal sponsor has agreed to pay for all study and construction costs that exceed the federal participation limit. Similarly, this memo authorizes MSC Commanders to approve policy waivers for projects that would otherwise exceed the federal per-project cost limit by 25 percent or less.
Continuing Authorities Program (CAP) - Approval Level for Section 14, Section 103, Section 107, Section 204, Section 205, Section 206, and Section 1135 Decision Documents
This memo authorizes MSC Commanders to further delegate to District Commanders the approval of CAP decision documents for Sections 14, 103, 107, 204, 205, 206, and 1135 that are consistent with policy.
Continuing Authorities Program (CAP) - Approval Level for Locally Preferred Plans
This memo delegates authority to approve policy waivers for Locally Preferred Plans (LPPs) from the Chief of Engineers to MSC Commanders when the non-federal sponsor has agreed to pay for all cost over the federal share of federal plan and the LPP has outputs that are in kind, and equal to or greater than the outputs of the federal plan.
Delegation of Approval and Execution Authority for Water Supply Storage Reallocation Reports, Water Supply Storage Agreements, and Surplus Water Determinations and Reports
This memorandum from the USACE Commanding General re-delegates to the Director of Civil Works and to Division Commanders various authorities to approve water supply reallocation study reports and water supply storage agreements in accordance with two memoranda from the ASA(CW) to the USACE Commanding General dated 7 April 2020, subject: 1) Delegation of Approval and Execution Authority for Water Supply Reallocation Reports and Agreements; 2) Missouri River Mainstem Reservoirs Surplus Water Reports and Environmental Assessments. This guidance rescinds the Memorandum for Commanding General, U.S. Army Corps of Engineers, dated 16 November 2018, from the Assistant Secretary of the Army (Civil Works), subject: Rescission of Water Supply Delegation, and supersedes all prior guidance regarding delegated authority to undertake actions described in the memorandum.
Missouri River Mainstem Reservoirs - Surplus Water Reports and Environmental Assessments
This memorandum from the ASA(CW) is a response to the request for approval of five Missouri River Mainstem Reservoir Surplus Water Reports and Environmental Assessments from the USACE Commanding General. The memorandum returns these without action, but with additional direction and delegation of authority to review and respond to requests for water withdrawals from the Missouri River Mainstem Reservoirs, and authorizes the USACE Commanding General to review and approve on a case-by-case basis such requests for withdrawals that would not affect flood risk management or other authorized project purposes, subject to any additional analysis required. Analysis that indicates any impact to flood risk management or other authorized project purposes requires ASA (CW) approval.
Delegation of Approval and Execution Authority for Water Supply Reallocation Reports and Agreements
This memorandum from the Assistant Secretary of the Army for Civil Works delegates to the USACE Commanding General the authority to approve reallocation studies prepared in accordance with the Water Supply Act of 1958, 43 U.S.C. § 390b, whereby reallocation of existing conservation storage to water supply is contemplated without changes to flood risk management storage or project operations. In addition, the USACE Commanding General may further delegate this authority to the Director of Civil Works. Authority to approve all other reallocation studies is retained by the Assistant Secretary of the Army for Civil Works (ASA(CW)).This memorandum rescinds the memorandum dated 18 November 2018, Subject: Rescission of Water Supply Delegation, and supersedes all earlier guidance addressing delegation of authority to undertake the actions described in the memorandum.
Director's Policy Memorandum 2020-04: Risk-Informed Decision Making (RIDM) for Program and Project Delivery
This memo directs the application of RIDM principles and practices at every echelon of the organization to advance Military Programs and Civil Works program and project delivery outcomes and USACE progress toward becoming an Enterprise Risk Management (ERM) organization.
Comprehensive Documentation of Benefits in Feasibility Studies
This 13 April 2020 memo from the Director of Civil Works and 3 April 2020 memo from the Assistant Secretary of the Army for Civil Works (ASA(CW)) provide interim guidance for USACE while Agency Specific Procedures are developed for the 2014 Principles, Requirements and Guidelines (PR&G). The memos direct USACE to identify, analyze and maximize all benefits in the National Economic Development, Regional Economic Development (RED), and Other Social Effects (OSE) accounts established in the 1983 Principles and Guidelines (P&G) document in order to fully assess the outputs of resource projects.
Public Participation for the Civil Works Program during the Coronavirus (COVID-19) Public Health Emergency
This memo immediately establishes interim alternative public participation procedures for the USACE Civil Works and Regulatory programs during the COVID-19 public health emergency. All public meetings site visits, project delivery team meetings, National Environmental Policy Act (NEPA) scoping and public review meetings, and National Historic Preservation Act consultations should be transitioned to virtual meetings, postponed, or cancelled, as determined by the respective USACE District Commander. Virtual meetings may be conducted using online meeting/collaboration tools, webinars, teleconference, social media, or email as deemed appropriate. Interim procedures are effective immediately and will remain in effect until rescinded inwriting.
Completion and Termination Guidance for U.S. Army Corps of Engineers Studies
The purpose of this memorandum is to clarify policy and procedures associated with the completion or termination of a USACE study, including providing direction and processes for when a study is complete or a determination has been made that there is no Federal interest or the non-federal sponsor has requested to stop the study. This guidance applies to all feasibility studies, including studies to reformulate an already authorized project, such as a General Reevaluation, and to watershed plans and comprehensive studies. Studies under the Continuing Authorities Program will follow the processes outlined in Engineering Pamphlet 1105-2-58 Continuing Authorities Program. This memo is accompanied by the 26 July 2019 document, Actions After Notice of Termination: General Guidance for Project Close-out Standard Operating Procedures.
2021
Plain Language for Civil Works Guidance and Correspondence
This memorandum outlines the requirements and expectations for Civil Works documentation and communication. In accordance with the Plain Writing Act of 2010, Civil Works documents and communication must be clear, concise, well organized, and understandable, using language appropriate to the subject matter and the intended audience.
Interim Implementation Guidance for the Justice40 Initiative
This White House memorandum provides heads of executive departments and agencies with guidance on how certain Federal investments might be made toward a goal that 40 percent of the overall benefits of such investments flow to disadvantaged communities - the Justice40 Initiative. The Justice40 Initiative is a critical part of the Administration's whole-of-government approach to advancing environmental justice. The Interim Implementation Guidance provides the initial recommendations pursuant to section 223 of Executive Order 14008, and supports the Administration's comprehensive approach to advancing equity for all in line with Executive Order 13985. The Executive branch should implement this guidance in accordance with existing authorities in order achieve the 40-percent goal.
Environmental Justice - An Overview
This memorandum provides an overview of Environmental Justice (EJ) Executive Order (E.O.) No. 12898, which requires designated federal agencies to "identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of the agencies programs, policies, and activities on minority populations and low income populations." This E.O. establishes additional policy, requiring federal agencies make achieving EJ a part of their mission by developing programs, policies, and activities to address these communities.
Mega Study Quarterly Update Template
Quarterly update template for use by project delivery teams working on mega studies, as defined in the 15 October 2021 Interim Guidance for Civil Works Mega Studies Memo.
Interim Guidance for Civil Works Mega Studies
This memorandum provides interim policy and procedural guidance for designating and conducting Civil Works Mega Studies. Final guidance will be completed following a provisional period and subsequent After-Action Review. The interim guidance provides a framework for communication, study control, and issue resolution that will be primarily managed at the MSC level to ensure study compliance with approved schedules and budgets.
Mega Study Quarterly Update Template
Quarterly update template for use by project delivery teams working on mega studies, as defined in the 15 October 2021 Interim Guidance for Civil Works Mega Studies Memo.
Integral Determination Delegation to Major Subordinate Command Commanders
This memorandum delegates the approval of all integral determinations, with the exception of integral determinations made under Section 221 of the Flood Control Act of 1970, as amended, which have been delegated under Engineer Regulation 1165-2-208, to the Major Subordinate Command (MSC) Commanders. This delegation may not be further delegated within the MSC or to a District Commander. This delegation is effective as of 10 June 2021 and expires on 10 June 2026.
Certification of the Hydrologic Engineering Center's Flood Damage Analysis Software Version HEC-FDA v1.4.3
This memo confirms certification of the HEC-Flood Damage Analysis model (HEC-FDA) v1.4.3. by the Flood Risk Management Planning Center of Expertise. The 1.4.3 version appropriately accounts for damages from infrequent flood events (e.g., low frequency events used in dam safety).
Memorandum for MSC Programs Directors - Capturing Cost and Time Impacts, Comprehensive Documentation of Benefits in Decision Documents
This memorandum provides additional information for the implementation of the Policy Directive - Comprehensive Documentation of Benefits in Decision Document. Study scopes should be re-evaluated immediately to confirm that the additional tasks necessary to evaluate all benefit types can be accomplished within current approved study schedules and budgets, including contingencies. Further, to the extent possible and using existing project management tools, the cost and time impacts of performing the analyses required to comply with the policy directive should be tracked via activity and labor codes for purposes of determining the effect, if any, of the additional requirements on study schedules and budgets.
Director of Civil Works Memorandum - Comprehensive Documentation of Benefits in Decision Documents
This memorandum from the Director of Civil Works reiterates that the memorandum issued by the Assistant Secretary of the Army for Civil Works (ASA(CW)) dated 5 January 2021, Subject: Policy Directive - Comprehensive Documentation of Benefits in Decision Document is effective immediately, and that all feasibility studies and post-authorization studies will comply with the ASA(CW) memorandum.
Processing Final Environmental Impact Statements for Civil Works Projects
This memorandum puts into effect immediately the guidance and procedures outlined in the 6 July 2020 Memorandum from the Assistant Secretary of the Army for Civil Works (ASA(CW)), Processing Final Environmental Impact Statements for Civil Works Projects. requires that any request to seek public comments on a final EIS under the National Environmental Policy Act at 40 C.F.R. 1503.1(b) be submitted for approval by the ASA(CW). In these instances, vertical team coordination should occur prior to the Agency Decision Milestone after public comments on the draft EIS have been consolidated.
Policy Directive - Comprehensive Documentation of Benefits in Decision Document
This memorandum issues policy direction on the comprehensive assessment and documentation of benefits in the conduct of USACE water resources development project planning. This policy updates current procedures, and emphasizes and expands upon policies and guidance to ensure the USACE decision framework considers, in a comprehensive manner, the total benefits of project alternatives, including equal consideration of economic, environmental and social categories.
2021 Water Resources Certified Planner Program Selections
This memo announces the fifth round of selected certified planners as part of the USACE National Water Resources Certified Planner Program. The objective of the program is to set a standard of excellence for the USACE water resources planning profession.
Implementation Guidance for Section 152 of the Water Resources Development Act of 2020, Treatment of Certain Costs and Benefits
This WRDA 2020 implementation guidance applies to flood risk management studies in High or Moderate Seismic Hazard Regions that include structural measures for which earthquake loading controls the design. The guidance defines if, and when, two cost estimates will be prepared for alternatives including seismic considerations for developing the cost benefit analysis.
Tribal Consultation and Strengthening Nation-to- Nation Relationships
This memorandum signed by President Biden reaffirms the policy announced in the Presidential Memorandum of November 5, 2009 (Tribal Consultation), which requires each agency to prepare and periodically update a detailed plan of action to implement the policies and directives of Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments). Executive Order 13175 charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of Federal policies that have Tribal implications.
2022
Interim Guidance for Inland Navigation and Intracoastal Waterway Major Rehabilitation Evaluations (MREs) and Reports (MRERs)
This memorandum provides interim policy and procedural guidance for inland navigation and intracoastal waterway major rehabilitation as authorized by WRDA 1992, Section 205 (ref 1.a). This interim guidance is intended to facilitate MSC management of MRE efforts by clarifying the roles and responsibilities of key organizations responsible for MRER execution; and formalizing the MRE report development process, to include phases, key milestones, review requirements, and approval authorities for budgetary purposes.
Uniform Standards for Tribal Consultation
This memorandum signed by President Biden establishes uniform minimum standards to be implemented across all Federal agencies regarding how Tribal consultations are to be conducted. The memorandum is designed to improve and streamline the consultation process for both Tribes and Federal participants, and ensure more consistency in how agencies initiate, provide notice for, conduct, record, and report on Tribal consultations. These are baseline standards; agencies are encouraged to build upon these standards to fulfill the goals and purposes of Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments, November 2000) consistent with their unique missions and engagement with Tribal Nations on agency-specific issues.
Implementation of the Interim Environmental Justice Strategic Plan: Memorandum and Strategic Plan
This memorandum transmits the USACE Interim Environmental Justice Strategic Plan for Implementation across the Civil Works enterprise and provides requirements for the development of district strategic plans. The plan, which outlines seven objectives based on the 15 March 2022 Assistant Secretary of the Army for Civil Works interim guidance, is included as an attachment.
Commander's Intent: Direction for MSC Commanders Regarding Vertical Team Alignment Memoranda
This November 2022 message underlines that Vertical Team Alignment Memoranda approved and signed by MSC Commanders will not undergo further review or approval at USACE Headquarters before being transmitted to the Assistance Secretary of the Army (Civil Works).
2022 Water Resources Certified Planner Program Selections
This memo announces the sixth round of selected certified planners as part of the USACE National Water Resources Certified Planner Program. The objective of the program is to set a standard of excellence for the USACE water resources planning profession.
Vertical Team Alignment Memorandum (VTAM) Guidance
The purpose of this memorandum is to reaffirm the steps and requirements for preparing the Vertical Team Alignment Memorandum.
Army Civil Works Supporting Drought Resilience in America's Communities
This memorandum from the Assistant Secretary of the Army (Civil Works) directs USACE to continue to advance drought resilience actions in communities across the nation through a range of actions and programs. This memorandum applies to all Civil Works programs and missions, including the Regulatory Program.
Technical Guide for District Quality Control (DQC) Reviews and Agency Technical Reviews (ATR) of Planning Studies
The purpose of this memorandum is to provide additional guidance on the effective and efficient completion of District Quality Control review and ATR, emphasizing the Army's and the agency's review policies, including the importance of consistent application of climate change analysis tools. This memorandum supersedes the Policy for Targeted Agency Technical Review of Flood Risk Management and Coastal Storm Risk Management Planning Studies, dated 9 July 2020.
Policy Guidance on Implementation of Disaster Relief Supplemental Appropriations Act, 2022 (Public Law 117-43)
This document provides Assistant Secretary of the Army for Civil Works implementation guidance for supplemental Investigations, Construction, Mississippi River and Tributaries (MR&T), Operation and Maintenance (O&M), Flood Control and Coastal Emergencies (FCCE), and Expenses appropriations provided in Disaster Relief Supplemental Appropriations Act (DRSAA) 2022.
Policy Guidance on Implementation of Infrastructure Investment and Jobs Act (Public Law 117-58)
This document provides Assistant Secretary of the Army for Civil Works implementation guidance Assistant Secretary of the Army for Civil Works for supplemental Investigations, Construction, Mississippi River and Tributaries (MR&T), Operation and Maintenance (O&M), Regulatory, Flood Control and Coastal Emergencies (FCCE), Expenses, and Water Infrastructure Finance and Innovation Program (WIFIA) appropriations provided in the Infrastructure Investment and Jobs Act (IIJA).
Implementation Guidance for Section 350 of the Water Resources Development Act of 2020, Reduced Pricing for Certain Water Supply Storage
This memorandum provides interim guidance and direction to the USACE Civil Works related to Reduced Pricing for Certain Water Supply Storage. This memorandum applies to Headquarters and all Divisions, Districts, and Field Offices of the U.S. Army Corps of Engineers (Corps) with civil works responsibilities.
Implementation Guidance for Section 155 of the Water Resources Development Act of 2020, Small Water Storage Projects
This memorandum provides interim guidance and direction to the USACE Civil Works related to Small Water Storage Projects. This memorandum applies to Headquarters and all Divisions, Districts, and Field Offices of the U.S. Army Corps of Engineers (Corps) with civil works responsibilities.
Implementation Guidance for Section 130 of the Water Resources Development Act of 2020, Materials, Services, and Funds for Repair, Restoration, or Rehabilitation of Projects
This memorandum provides interim guidance and direction to the USACE Civil Works related to Materials, Services, and Funds for Repair, Restoration, or Rehabilitation of Projects. This memorandum applies to Headquarters and all Divisions, Districts, and Field Offices of the U.S. Army Corps of Engineers (Corps) with civil works responsibilities.
Interim Implementation Guidance for Environmental Justice and the Justice40 Initiative
This memorandum provides interim guidance and direction to the (USACE Civil Works program related to the implementation of environmental justice and the Justice40 Initiative. This memorandum applies to all Civil Works programs and missions, other than the Regulatory Program.
Tribal Partnership Program - Non-Traditional Water Resources Development Projects
This memorandum from the Assistant Secretary of the Army for Civil Works directs USACE to implement the Tribal Partnership Program (TPP) more broadly to provide the Army the flexibility to include projects that are not typically considered a traditional Corps water resources development project. It also directs that TPP comprehensive guidance under development will incorporate these additional "non-traditional" activities under the Program.
Implementation Guidance for Section 125(a)(2)(C) of the Water Resources Development Act of 2020, Beneficial Use of Dredged Material
Section 125(a)(2)(C) of the Water Resources Development Act (WRDA) of 2020 amends Section 204(d) of WRDA 1992 (33 U.S.C. 2326(d)) to authorize the Secretary of the Army for Civil Works to use funds appropriated for construction or operation and maintenance of a project involving the disposal of dredged material when selecting a disposal method that is not the least cost option based on a determination that the incremental costs of the disposal method are reasonable in relation to the environmental benefits or the hurricane and storm or flood risk reduction benefits. This memorandum provides guidance and direction on implementation of Section 125(a)(2)(C) and rescinds and replaces the implementation guidance for Section 1038 of the Water Resources Reform and Development Act of 2014.
Office of Management and Budget Circular A-94: Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs
The guidelines in this OMB Circular apply to any analysis used to support government decisions to initiate, renew, or expand programs or projects which would result in a series of measurable benefits or costs extending for three or more years into the future. USACE water resources projects are specifically exempted from the guidelines of A-94, and instead are subject to the Principles, Requirements and Guidelines for Federal Investments in Water Resources. Appendix C, "Discount Rates for Cost-Effectiveness, Lease Purchase, and Related Analyses," is updated annually with nominal and real interest rates on treasury notes and bonds of specified maturities.
2023
Guidance on Consideration of Greenhouse Gases
CEQ has issued interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change. CEQ is issuing this guidance as interim guidance so that agencies may make use of it immediately while CEQ seeks public comment on the guidance. CEQ intends to either revise the guidance in response to public comments or finalize the interim guidance.
Commander's Intent: Direction for MSC Commanders Regarding Civil Works Tribal Consultation Policy
This December 2023 message from MG Graham (Deputy Commanding General, Civil and Emergency Operations) emphasizes the importance of the Updated Civil Works Tribal Consultation Policy issued by the Assistant Secretary of the Army for Civil Works (ASA(CW)), which instructs that all discussions between USACE and Tribal decision-makers be documented to create a record for mutual accountability. MG Graham also underlined the importance of incorporating the six USACE Tribal Policy Principles into all USACE Civil Works activities.
Updated U.S. Army Corps of Engineers Civil Works Tribal Consultation Policy
This policy memorandum issued by the Assistant Secretary of the Army for Civil Works (ASA(CW)) directs USACE to apply the enclosed Tribal Consultation Policy to its Civil Works Program. The Civil Works Tribal Consultation Policy provides guidance and definition for the USACE to build the collaborative and close relationships required for proper stewardship of our Nation's water resources and to fulfil our Constitutionally required treaty and trust responsibilities.
Expanding Beneficial Use of Dredged Material in the USACE
This memorandum from the USACE Director of Civil Works encourages robust innovation, planning, and categorization of dredged material for beneficial use. Additionally, this memorandum clarifies which dredged material placement activities shall be classified as beneficial use and how to capture this information in USACE data systems. Finally, this memorandum introduces transitional placement as a third description for dredged material. Districts have latitude in determining whether the dredged material should be described as beneficial use, disposal, or transitional placement, and determining the category that most closely describes the placement.
Social Media, Web-Based Interactive Technologies, and the Paperwork Reduction Act
This memorandum provides guidance from the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) on when and how the Paperwork Reduction Act of 1995 (the PRA) applies to Federal agency use of social media and web-based interactive technologies. In explains that under established principles, the PRA does not apply to many uses of such media and technologies.
Broadening Public Participation and Community Engagement in the Regulatory Process
This memorandum provides guidance from the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) to all federal agencies on how, during the regulatory process, to "promote equitable and meaningful participation by a range of interested or affected parties," including members of underserved communities, as specified in Executive Order 14094, to the extent practicable and consistent with applicable law. For the USACE Planning Community, this memorandum will apply most directly to federal rulemaking actions - but the principles of public participation and community engagement, and awareness of barriers to participation, will be helpful in any planning process.
Interim Delegation of Authority - Approval Levels for Section 14, 103, 107, 204, 205, 206, and 1135 Decision Documents; Locally Preferred Plan; and Costs in Excess of Federal Project Limit
This subject memo from the Assistant Secretary of the Army for Civil Works (ASA(CW)) temporarily extends the delegation of authority approval levels for the Continuing Authorities Program (CAP) Section 14, 103, 107, 204, 205, 206, and 1135 decision documents, Locally Preferred Plans, and costs in excess of the Federal Project Limit through 31 December 2023.
Model Coordination for Civil Works Planning Studies
This memorandum from the Headquarters Planning and Policy Division (CECW-P) and Headquarters Engineering and Construction Division (CECW-EC) clarifies the responsibilities of all study teams using planning and engineering models for Civil Works planning studies. The purpose of this memo is to ensure cross-functional coordination for model identification, appropriateness and proper application of planning and engineering models, and confirm that modelers have the knowledge and experience required to complete modeling tasks.
Process for Recommending Deauthorization of Federal Navigation Channels Without Structures
This memo provides the minimum documentation requirements and process to establish whether a federal interest continues to exist for commercial navigation, and if not, to recommend deauthorization of certain federal navigation channels, or portions of federal navigation channels, without structures that meet all of the following criteria: channel is no longer in use by any commercial traffic; channel is not used substantially by motorized recreational vessel traffic; channel does not possess or have any national security purpose, and, in other words, is no longer used for its authorized purpose.
Guidance for Federal Departments and Agencies on Ecological Connectivity and Wildlife Corridors
This Council on Environmental Quality (CEQ) memo establishes the policy for federal agencies to promote greater ecological connectivity to sustain the USs biodiversity. Agencies are expected to use this guidance to craft new policies and to adjust old policies to align with this goal of this memo. New and updated policies should be ready by the first quarter of 2024. The memo, overall, provides guidance on how connectivity and corridors could be considered in the areas of agency planning and decision-making, science and data, and collaboration and coordination. The guidance also provides clarity and consistency so that federal agencies can better coordinate with all interested parties.
Maximum Federal Cost for Tribal Partnership Program (TPP) Studies
This memorandum amends the implementation of Section 1001 of the Water Resources Reform and Development Act of 2014, Vertical Integration and Acceleration of Studies as amended by Section 1330(b) of the Water Resources Development Act of 2018. The memo addresses cost-share reductions for Tribal Nations advancing Tribal priorities under the TPP.
Implementation Guidance for Section 165(a) of the Water Resources Development Act of 2020, Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities, as amended
Section 165(a) of the Water Resources Development Act (WRDA) of 2020, as amended by Section 8118 of WRDA 2022, directs the Secretary to implement a pilot program for carrying out up to 20 continuing authority projects in economically disadvantaged communities. The implementation guidance describes the eligibility requirements, general and mission-specific screening considerations, project requirements, and other implementation procedures that apply to the pilot program. The Federal cost share of selected projects is 100 percent.
Guidance on Cost Engineering Projects update for Civil Works Projects in accordance with Engineer Regulation 1110-2-1302 Civil Works Cost Engineering
This memorandum provides updated guidance on the cost engineering process for Civil Works projects in various project phases. This policy guidance clarifies key elements of ER 1110-2-1302, Civil Works Cost Engineering, including the frequency of updating cost products, the classification of estimates, and design maturity. After the maturity of design and the level of technical details have been determined for a particular project, the District Chief of Cost Engineering office will determine the associated classification of cost estimate and appropriate contingency.
Implementation Guidance for Section 204 of the Water Resources Development Act of 2020, Assistance to Non-Federal Sponsors; Feasibility Analysis
Section 204 of the Water Resources Development Act (WRDA) of 2020 authorizes the Secretary to provide assistance to non-Federal interests for the development of project proposals described in Section 204(a)(2). The implementation guidance describes the process of including a non-Federal interest project proposal in the Annual Report to Congress on Future Water Resources Development (WRRDA 2014 Section 7001). The non-Federal interest may request assistance with researching and identifying relevant study authorization(s) and Corps decision document(s) from the appropriate District Commander. The District Commander may also conduct an analysis of the proposal to determine whether a modification to an authorized project is necessary.
Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST)
This White House memorandum provides heads of executive departments and agencies with an Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, issued on July 20, 2021 ("Justice40 Interim Guidance"). The geospatial Climate and Economic Justice Screening Tool ("CEJST" or "tool") was released in beta version on February 18, 2022. The version 1.0 of the CEJST was released on November 22, 2022. This memorandum provides supplemental guidance to Federal agencies on using the tool. Federal agencies should now start using the CEJST to identify geographically defined disadvantaged communities for any covered programs under the Justice40 Initiative and for programs where a statute directs resources to disadvantaged communities, to the maximum extent possible and permitted by law.
Implementation Guidance for Section 117 of the Water Resources Development Act of 2020, Federal Interest Determination
Section 117 of the Water Resources Development Act (WRDA) of 2020 authorizes the Secretary to determine the Federal interest in carrying out the feasibility study and the projects that may be proposed in the study. The "Federal interest determination" will be at the request of the non-federal interest for a feasibility study that would benefit an economically disadvantaged community; in addition the Secretary can approve up to three Federal interest determinations each fiscal year for "covered communities." The implementation guidance from the Assistant Secretary of the Army for Civil Works defines "economically disadvantaged community" and "covered community" and the process to follow for a non-federal interest to request a Federal interest determination. The Federal Interest Determination will be carried out at full Federal expense for a cost of not more than $200,000, subject to the availability of funds, and must be completed within 120 days.
Implementation Guidance for Section 160 of the Water Resources Development Act of 2020, Definition of Economically Disadvantaged Community
Section 160 of the Water Resources Development Act (WRDA) of 2020 directs the Secretary to define the term "economically disadvantaged community" for the purposes of the Act and the amendments made by the Act. The definition for "economically disadvantaged community" provided in this memorandum from the Assistant Secretary of the Army for Civil Works applies to all provisions in WRDA 2020 including any amendments, and future WRDA provisions for which no specific definition appears in the law.
Guidance for Federal Departments and Agencies on Indigenous Knowledge
The White House Council on Environmental Quality (CEQ) and the White House Office of Science and Technology Policy (OSTP) have jointly published government-wide guidance and an accompanying implementation memorandum for Federal Agencies on recognizing and including Indigenous Knowledge in Federal research, policy, and decision making. Indigenous Knowledge is a body of observations, oral and written knowledge, innovations, practices, and beliefs developed by Tribes and Indigenous Peoples through interaction and experience with the environment. This policy provides guidance for federal agencies considering and applying Indigenous Knowledge in making decisions with Tribal or Indigenous implications.
U.S. Army Corps of Engineers Invasive Species Policy
This guidance memo provides updated Invasive Species Policy Guidance for USACE, rescinding and replacing the USACE Invasive Species Policy dated June 12, 2009.
Beneficial Use of Dredged Material Command Philosophy Notice
The USACE Chief of Engineer's Beneficial Use of Dredged Material Command Philosophy Notice outlines the vision for expanding the beneficial use of dredged material (BUDM) program. USACE historically uses 30-40% of the sediments derived from the Navigation mission for beneficial purposes. The Chief established a goal for USACE to advance the practice of BUDM to 70% by the year 2030.
Interim Environmental Justice Guidance for Civil Works Planning Studies
This memorandum provides guidance on and outlines the requirements for incorporating Environmental Justice into Civil Works planning studies based on the 15 March 2022 Assistant Secretary of the Army for Civil Works memorandum, Implementation of Environmental Justice and the Justice40 Initiative.
Extension of EC 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408
This memorandum extends the use of Engineer Circular (EC) 1165-2-220, dated 30 September 2018, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, until such a time EC 1165-2-220 is superseded by rulemaking.
Finding of No Significant Impact for Implementation of Section 128 of the Water Resources Development Act of 2020, Selection of Recommended Projects
This memo from the Assistant Secretary of the Army for Civil Works documents the conclusion that selection of Harmful Algal Bloom (HAB) demonstration projects to implement Section 128 of the Water Resources Development Act of 2020 will not have a significant impact on the human environment. Each selected demonstration project will need to demonstrate compliance with the appropriate environmental laws, to include the Clean Water Act, prior to implementation. Therefore, preparation of an Environmental Impact Statement is not required by subsection 102(2)(C) of the National Environmental Policy Act or its implementing regulations.
Implementation Guidance for Section 1156 of the Water Resources Development Act of 1986, as amended by Section 8114 of the Water Resources Development Act of 2022, Cost Sharing Provisions for the Territories and Indian Tribes
Section 8114 of the Water Resources Development Act (WRDA) of 2022 further amends Section 1156 of WRDA 1986, as amended (33 U.S.C. 2310), to direct the Secretary of the Army to apply the cost sharing waiver amount established under Section 1156 to an organization that is: 1) composed primarily of people who are recognized and defined under Federal law as indigenous people of the United States, 2) and from a specific community, and 3) that assists in the social, cultural, and educational development of such people in that community. The Implementation Guidance provides that the Secretary will apply the waiver amount to the non-Federal interest share of costs for studies and construction where applicable. Additionally, the waiver will apply to watershed assessments, whereas before it had only been applicable to feasibility studies and water resources development project construction. This guidance supersedes the implementation guidance for Section 1119 of WRDA 2016, dated May 11, 2017.
Implementation Guidance for Section 8102 (a) of the Water Resources Development Act of 2022, Response to Natural Disasters
Section 8102(a) of the Water Resources Development Act (WRDA) of 2022 authorizes the Secretary of the Army to repair and restore any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection. If requested by the non-Federal interest, the Chief of Engineers may include modifications to the structure or project (including the addition of new project features) to address major deficiencies, increase resilience, increase benefits from the reduction of damages from inundation, wave action, or erosion, or implement nonstructural alternatives to the repair or restoration of the structure.
Implementation Guidance for Section 8154 of the Water Resources Development Act of 2022, Temporary Relocation Assistance Pilot Program
Section 8154 of the Water Resources Development Act (WRDA) of 2022 directs the Secretary of the Army to establish a pilot program to evaluate the extent to which the provision of temporary relocation assistance to voluntary participants enhances the completeness, effectiveness, efficiency, acceptability, and equitable implementation of covered water resources development projects. The pilot program enables a non-Federal interest for a covered water resources development project to provide temporary relocation assistance to a temporarily displaced person who voluntarily participates in a covered water resource project and for the non-Federal interest to be credited towards its project cost share for the reasonable costs associated with such temporary relocation assistance.
Resilience Integration in the USACE Flood Risk Management Mission
This memo describes how USACE Flood Risk Management (FRM) activities, projects, and programs currently consider resilience. The memo highlights work already underway within USACE to identify ways to further actualize resilience throughout the FRM project life cycle and encourages resilience-focused thinking when discussing FRM-related community needs, while aligning with the USACE FRM mission of reducing the threat to life and property from flooding and coastal storms.
2024
Update for Section 22 of the Water Resources Development Act (WRDA) of 1974, as amended (42 U.S.C. 1962d-16)
This memorandum provides further guidance on the provision of assistance under the Section 22 Planning Assistance to States (PAS) program to economically disadvantaged communities, in accordance with Section 8119 of WRDA 2022. This memorandum supersedes the Memorandum dated 23 May 2023, Planning Update for Section 8119 of the Water Resources Development Act of 2022 (WRDA 2022), Technical Assistance.
Civil Works Actions to Sustain and Advance the Nation's Waters and Wetlands After the Sackett Decision
This memorandum directs the Corps to use applicable authorities and available resources to engage in specific actions to protect, restore, and enhance the Nation's waters and wetlands, especially those no longer protected under the definition of "waters of the United States" (WOTUS) per the 2023 Sackett vs. EPA decision, in addition to implementing the Regulatory Program in compliance with all laws and regulations. This memorandum also contains specific examples of how to carry-out this directive to appropriately respond to the limited interpretation of WOTUS.
Implementation Guidance for Section 8106(a) of the Water Resources Development Act of 2022, Scope of Feasibility Studies
Section 8106(a) of the Water Resources Development Act (WRDA) of 2022 provides that when carrying out a feasibility study for flood risk management (FRM) or coastal storm risk management (CSRM), the Secretary of the Army, at the request of the non-federal sponsor, will formulate alternatives to maximize the net benefits from the reduction of the comprehensive flood risk within the geographic scope of the study from the effects of sea level rise, subsidence, rainfall, and other flood related events. This implementation guidance defines "comprehensive flood risk," "compound effects," and "non-federal sponsor." It also further defines the process through which the non-federal sponsor will request additional alternatives in a FRM or CSRM feasibility study, and how they will be incorporated into the feasibility study.
Implementation Guidance for Section 8106(b) of the Water Resources Development Act of 2022, Scope of Feasibility Studies
Section 8106(b) of the Water Resources Development Act of 2022 (WRDA 2022) provides that when carrying out a feasibility study, the Secretary of the Army, at the request of the non-federal sponsor, will formulate alternatives that maximize combined net benefits for the study and for water supply/conservation, or include one or more measures if it is determined that such measures may reduce potential adverse impacts of extreme weather events. This implementation guidance defines "non-federal sponsor," "geographic scope of study," and "water supply." It also further defines the process through which the non-federal sponsor will request additional alternatives and how they will be incorporated into the feasibility study.
Implementation Guidance for Section 8155 of the Water Resources Development Act of 2022, Continuation of Construction
Section 8155 of the Water Resources Development Act (WRDA) of 2022 provides that upon the transmittal of an initial notification that a water resources development project exceeds, or is expected to exceed, the maximum cost of the project permitted under Section 902 of the Water Resources Development Act of 1986, the Secretary of the Army shall not, solely on the basis of the authorized Section 902 limit, defer the initiation or continuation of construction of the water resources development project during the covered period, or, terminate during or after the covered period, a contract for design or construction of the water resources development project that was entered into prior to or during the covered period. This implementation guidance provides new, permanent notification procedure requirements for when a project exceeds the authorized Section 902 limit for project cost.

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